The Supreme Court has overturned a decision that would have seen the families of late President Daniel Moi and billionaire Jaswant Rai part with billions of shillings as a compensation package to a family in Eldoret over allegations of a grabbed land.
Supreme Court Judges led by Chief Justice Martha Koome said there is nothing on record to show that the late President fraudulently acquired the disputed property.
“What we have are claims of disenfranchisement of the family of ex-chief Noah Chelugui from the ownership of the suit property. The claims are based on allegations of loss of title deed to the suit property,” the judges said.
The Judges explained that it was not for them “to delve into the veracity, effect or such evidence” but it was the duty of the High Court and the Court of Appeal.
The High Court in a judgement dated May 2019 made a determination that the acquisition of the property in question by the late President was irregular and unprocedural.
Judge Ombwayo further ordered Moi and Rai Plywood to pay the Estate of the Late Noah Chelugui the current market value of the said property being compensation for the land illegally registered in the name of the former president and later transferred to Rai Plywood.
The amount was stated to be Sh1.6 billion.
Aggrieved, Moi and Rai appealed. But the court of appeal affirmed the decision of the High Court.
Still dissatisfied, the executive of Moi’s will Senior Counsel Zehranabu Janmohamed and Rai appealed.
She argued that President Moi was a lessee from the Government of Kenya following the surrender of the original title for subdivision by Chelugui and his co-owners.
She reiterated that Moi was the absolute owner of the suit property following registration on September 21, 1983.
She submitted that before that date, the land was in the name of the Government of Kenya.
“It is our case that as a result, President Moi’s title is guaranteed by the State and could not be impeached. In any event, Chelugui did not prove the allegation of fraud against Moi, the District Lands Registrar and Registrar of Titles in the registration of President Moi as the proprietor of the suit land,” she said during the hearing.
On their part, Chelugui’s family argued that the lower court properly analyzed the history of the parcels of land that were being challenged as well as the evidence presented before it.
They claimed that the surrender to the government and subsequent subdivision of the main property was fraudulent and illegal.
But in their judgment, the Supreme Court judges said the subsequent re-subdivision and transfer of the subplots to third parties was legal and could not be faulted on grounds of fraud.
“The third parties including Moi acquired good title to their portions under the subdivision and consequent transfer,” the judges said.
From court records, the property emanated from a parcel known as L.R No. 10492 (I.R. 17542) situated in Eldoret Municipality, measuring 3236 acres.
It was owned by Jacobus Hendrik Engelbretch, a South African settler.
In 1965, the property was acquired by Nathaniel Kiptalam arap Lagat and partners.
It was then subdivided into six portions following a consent issued by the Uasin Gishu Land Control Board.
It was then distributed among the five partners while the sixth portion was transferred to Huruma Company Limited.
The lower courts had held that one of the portions belonged to the Late Chelugui which was also subdivided and later allegedly acquired by Moi unlawfully.
