Rancher fights to evict Moi from farm

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Suleiman Mbatiah | NATION Moi High School Kabarak’s administration block. Part of the school and Kabarak University stand on the land in dispute.  

By PAUL OGEMBA pogemba@ke.nationmedia.com
Posted  Thursday, July 4  2013 at  20:10

Retired president Daniel arap Moi is at risk of being evicted from a 100-acre farm in Nakuru if the Supreme Court allows an application by a rancher seeking to enforce an eviction order.

Mr Malcolm Bell wants the Supreme Court to set aside a Court of Appeal ruling that gave the former President permission to pursue the dispute at the highest court in the land, arguing that the appellate judges misdirected themselves and misinterpreted the law.

Through lawyer Paul Muite, the farmer submitted before a five-judge bench that their dispute was not a “public interest case” that deserves the Supreme Court’s attention.

Selective justice

“The Supreme Court can only sit to hear appeals from other courts in matters involving great public interest. This is a private matter between two citizens and the court should overturn the decision to refer it to this court,” Mr Muite said.

He argued that Mr Moi had not even attempted to explain why the dispute has to be resolved by the Supreme Court when the lower courts had rightly held that he illegally acquired the land on which Kabarak High School is built.

He added that it will be selective justice if Mr Moi is allowed to pursue the matter when the Supreme Court had dismissed other similar applications seeking a review of Court of Appeal decisions.

“There is need for consistency in the court’s decisions. The judges had struck out Section 14 of the Supreme Court Act because it extended their jurisdiction and they should not hesitate to strike out Mr Moi’s application since it does not qualify to be a general public interest case,” Mr Muite said.

The dispute started in 2003 when Mr Bell sued Mr Moi for trespassing on the 100-acre farm. This was after Mr Moi allegedly coerced Mr Bell’s father to donate it to Kabarak High School in 1980.

Mr Justice Muga Apondi in 2006 dismissed Mr Bell’s application, ruling that the school had acquired the title deed by adverse possession and allowed its continued occupation.

Mr Bell appealed against the decision and in 2012, Lady Justices Martha Koome and Hannah Okwengu upheld his appeal and ordered Mr Moi to surrender the land within six months or face eviction.

However, the former President sought the permission of the Court of Appeal to file a review of the decision at the Supreme Court.

He argued that Mr Bell may move to dispose of the land in a manner that will prejudice the well-being of Kabarak High School.