Former President Daniel Toroitich Arap Moi has been fined a staggering Sh 1 billion for grabbing land.
The High Court in Eldoret on Thursday ordered the retired head of State to pay the amount as compensation for illegally acquiring land belonging to Susan Cheburet Chelugui. Moi is required to pay the said amount to the 81-year-old widow and her son David Chelugui.
The two are the next of kins to the original owner of the land, Noah Kipngeny Chelugui.
In his ruling, Judge Anthony Ombwayo said acquisition of the 53 acres of 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, unprocedural, tainted, a nullityab initio and therefore not worthy of any constitutional protection,” ruled Ombwayo.
The Judge further noted that the Sh.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….”
Ms. Chelugui and David Chelugui had told the Court that Moi transferred their family land to himself in 2007; two years after the death of the family patriarch.
Moi 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,” court documents read.
The said land is located along the Uganda Road in Eldoret, Uasin Gishu County.