Moi to wait longer to know Sh400m Samburu land case fate

Former President Daniel Toroitich arap Moi, who will have to wait longer to know his fate in a land case filed by some members of the Samburu community. FILE PHOTO |   NATION MEDIA GROUP

By FAITH NYAMAI
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Former President Daniel arap Moi will have to wait longer to know his fate in a land case filed by some members of the Samburu community.

The lawyer representing the 248 petitioners, who are accusing Mr Moi of taking their land, made a plea for the case to be heard afresh.

The High Court in Nyeri set the hearing on June 10.

In 2009, the applicants moved to court, accusing Mr Moi of allegedly transferring 17,105 acres in Laikipia North to the Kenya Wildlife Service (KWS). They further claimed that he sold the land for Sh400 million to the service in 2011.

The African Wildlife Foundation (AWF) is also mentioned as one of the respondents for allegedly buying the same land from Mr Moi.

The petitioners, through lawyer Suyanka Lempaa, made an application in April 17, asking the court to hear the case afresh.

ORIGINAL TRANSFER

Mr Lempaa also wants the court to issue an order for the KWS to produce the original transfer documents of the land.

In the suit papers, Mr Lempaa said “that the court do issue an order rescinding the transfer of the suit property dated July 25, 2011 between Mr Moi, KWS and AWF.”

He also wants a temporary injunction restraining all the involved parties from selling or transferring the land until the case is fully heard and determined.

But Mr Moi, through his lawyer, Juma Kiplenge, said he needs time to file replying affidavits.

Earlier, he had told the court that the various applications made by the petitioners are intended to delay the case further.

The respondents want the case to continue from where it was stopped and the court to determine the matter.

The AWF, through lawyer James Muthui, argued that the High Court ruling made on March 1, 2010 be abandoned and a further application be made.