Moi fights to retain 100 acre Kabarak farm

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Former President Moi has moved to the Supreme Court to challenge a lower court decision directing him to surrender a 100-acre farm in Kabarak August 23, 2012.  NATION MEDIA GROUP

By NATION Reporter
Posted  Thursday, August 23  2012 at  14:23

IN SUMMARY

• Mr Moi wants the Appeal Court ruling that gave him 60 days to return land ownership to farmer Malcom Bell quashed.
• Former president is apprehensive that Mr Bell may move in and dispose of the land in a manner that will prejudice his appeal and interests.

Former President Moi has moved to the Supreme Court to challenge a lower court decision directing him to surrender a 100-acre farm in Kabarak.

Mr Moi wants the Appeal Court ruling that gave him six months to return land ownership to farmer Malcom Bell quashed.

He filed documents before the Registrar Thursday where he is also asking the Court of Appeal to allow him file his formal appeal at the Supreme Court.

The former president through his lawyer, Juma Kiplenge, says the court should hear his case urgently because Mr Bell is threatening to enter the parcel of land and take possession when the court had given him six months to hand over the property.

Mr Moi is apprehensive that Mr Bell may move in and dispose of the land in a manner that will prejudice his appeal and interests.

The former president argues that  the matter should be heard by the Supreme Court because it involves a matter of general public importance.

He says there has been a substantial miscarriage of justice in the manner the Court of Appeal dealt with the case. Mr Moi  has faulted the decision which he says will make Moi High School Kabarak to lose the school to Mr Bell when it has been in its possession since 1981.

The Court of Appeal on August 9 ordered the former president to hand over the land to Mr Bell because he had reneged on his promise to drill a borehole, connect electricity and build a cattle dip for the Bells in exchange for the 100 acres.