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    Kenya Airways Suspends flights to France

    Kenya Airways Suspends flights to France

    Tea Farmers to Receive Sh28B Bonus Payment

    New law: Tea traders move to court

    Former MP and Husband involved in Ksh49m graft case

    Former MP and Husband involved in Ksh49m graft case

    Reprieve for counties as treasury release Ksh. 25billion

    Reprieve for counties as treasury release Ksh. 25billion

    Faulu bank partners with 20 counties to support learning in schools

    Faulu bank partners with 20 counties to support learning in schools

    KenGen Plans Direct Selling Of Electricity

    COVID-19: KenGen’s 5-point return-to-work strategy

    Gov’t now wants youths stop depending on employment and use their talents

    Gov’t now wants youths stop depending on employment and use their talents

    Nokia launches low cost smartphones for the Kenyan market

    Nokia launches low cost smartphones for the Kenyan market

    Exclusive: What it Takes to Lead a Multi billion Sacco in Kenya

    Exclusive: What it Takes to Lead a Multi billion Sacco in Kenya

  • Markets
    Kenya Airways Suspends flights to France

    Kenya Airways Suspends flights to France

    Nokia launches low cost smartphones for the Kenyan market

    Nokia launches low cost smartphones for the Kenyan market

    Exclusive: What it Takes to Lead a Multi billion Sacco in Kenya

    Exclusive: What it Takes to Lead a Multi billion Sacco in Kenya

    Kenyan PR agency bags international award

    Kenyan PR agency bags international award

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    Moet & Chandon ink partnership with premier restaurant Oysters & More

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    Sarova introduces new brands as it diversifies into standalone restaurants

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  • Real Estate
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    Tatu City partners with Konza to attract investors to Kenya

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    Mizizi Africa Homes voted best low cost housing developer 2020

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    Nokia launches low cost smartphones for the Kenyan market

    Nokia launches low cost smartphones for the Kenyan market

    LG unveils premium monitors

    LG unveils premium monitors

    Pesalink appoints Gituku Kirika as CEO

    Pesalink appoints Gituku Kirika as CEO

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    Guinness forced to recall contaminated brand

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    Kenya Airways Suspends flights to France

    Kenya Airways Suspends flights to France

    Former MP and Husband involved in Ksh49m graft case

    Former MP and Husband involved in Ksh49m graft case

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    Exclusive: What it Takes to Lead a Multi billion Sacco in Kenya

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Moi ordered to pay widow Sh1 billion for grabbed 53-acre land

by Kenyan Business Feed
May 17, 2019
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Moi ordered to pay widow Sh1 billion for grabbed 53-acre land

Friday, May 17, 2019 12:23


By RICHARD MUNGUTI

Former President Daniel arap Moi
Former President Daniel arap Moi. FILE PHOTO | NMG 

Retired President Daniel arap Moi and two other persons have been ordered to pay Sh1 billion as compensation to the family of a deceased politician whose 85-year-old widow has battled for years over the ownership of an up-market parcel of land measuring 53 acres.

High Court judge Antony Ombwayo Friday declared the hotly contested prime property within Eldoret municipality belongs to the estate of the late Noah Kimngeny Chelungui.

The court directed the widow, Susan Cheburet Chelungui, and her son David K. Chelungui (joint administrators of the estate of the late Chelungui) to be compensated Sh1,060,000,000 by Mr Moi and Rai Plywood (K) Limited for the land.

The judge declined to order that the land reverts to the estate of the deceased, saying investors have heavily developed it.

The Sh1 billion payout, said the judge, was “commensurate compensation as it is the current market value”.

The judge ordered Mr Moi and Rai Plywood to “promptly pay in full” the decretal amount.

The land is located on the busy commercial and residential area of Eldoret.

It is also within the industrial, institutional, government and agricultural establishments, with the Eldoret-Malaba Road passing through the property, “which makes it of highest value.”

The judge allowed the widow’s plea by declaring that she is entitled to legal protection since the acquisition of her property by Mr Moi and Rai Plywood was “unconstitutional, irregular, unprocedural, tainted, a nullity ab initio (from the beginning) and therefore not worthy of any constitutional protection.”

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He found that the widow was illegally dispossessed of the land and that she is therefore entitled to a redress.

The property was first registered in Mr Moi’s name in September 21, 1983.

The widow, through lawyer William Arusei, told the judge that her late husband, Chelungui, and five others bought the land measuring 3,300 acres from a colonial settler, Jacobus Hendrik EngelBrecht, in 1965. Each of the six got 620 acres after sub-division.

The land was later allocated to the former Head of State then registered in his name.

Mr Moi was apportioned 53 acres, a former assistant minister Stanlely Kiptoo arap Metto (12 acres) and a small portion dished out to the deceased.

“The process that led to the late Noah K. Chelungui losing his parcels of the aforesaid land was without his consent, no sale agreement, no compensation, no willing seller and willing buyer and hence an illegality, null and void,” stated Arusei.

“There is no iota of evidence as to how the former President of the Republic of Kenya Daniel Toroitich arap Moi was registered as the proprietor of the suit land, which was part of and parcel of L R No.104921/1 that belonged to Noah Kimngeny Chelungui.

“The state counsel stated that these were orders from above by the first defendant who was the president (Moi),” said Justice Ombwayo in his 58-page judgment.

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