The High Court in Eldoret on Thursday ordered Retired President Daniel Arap Moi to pay Ksh.1.06 billion as compensation for illegally acquiring 53 acres of land belonging to an 81-year-old widow, Susan Cheburet Chelugui.
Delivering the ruling in the case that has dragged for 27 years, Judge Anthony Ombwayo said acquisition of the land by the former president and Rai Plywood Limited, was done in an unlawful manner.
“…Acquisition of the said properties by the 1st and 2nd respondents were arbitrary unconstitutional, irregular, procedural, tainted, a nullityab initio and therefore not worthy of any constitutional protection,” ruled the judge.
The judge noted that the Ksh.1 billion compensation is a commensurate compensation to the petitioners for the loss of their land through an unprocedural scheme.
“The 1st and 2nd respondents do pay and are hereby ordered to pay the estate of the Late Noah K. Chelugui the prompt payment in full of just and current market value of the said properties….,” said the judge.
In the case, Ms. Chelugui and her son David Chelugui said Moi transferred their family land to himself in 2007; two years after the death of her husband Noah Chelugui, who was a chief during Moi’s regime.
The former president is then said to have sold the land to Rai Plywood Limited.
“The property Eldoret Municipality/Block 15/239(53 acres) which had gone to the Retired President Daniel Toroitich Arap Moi was subsequently sold by him (the Retired President) to the Rai Plywood (K) who have since taken possession, occupation, enjoyment and use of the said property,” reads court documents.
The said land is located along the Uganda Road in Eldoret, Uasin Gishu County.
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