Dec 7, 2022

Mawazo Writing Africa

Writing about the main

Clansmen sue Gideon Moi over 40-acre land

Gideon Kipsiele Moi, Senator from Baringo, is embroiled in a lawsuit with his clansmen over a 100-hectare property in Rongai, Nakuru County.

Fifty-six senior members of Moi’s Kapchepkeres clan are on trial , accusing Senator Moi of usurping 40 acres that former President Daniel Moi diverted from his 100 acres adjacent to Kabarak Farm.

Mr. Simon Kipsang Yator, Mr. Michael Chebon and Mr Michael Chirchir Korir have filed suits on behalf of the clan members in the Nakuru Environment and Land Court, accusing the Senator of illegally and fraudulently transferring their land to his name in conspiracy with the Nakuru Land Registry.

< p>Through attorney Ochieng Gai, they claim the senator, the clan’s current patron, has divided up the land and registered it as Rongai/Rongai Block 6/2 and plans to sell it to third parties.

Court documents te show that the group (Keres Self Help Group) approached the former President for part of the land adjacent to his Kabarak farm which belonged to Rift Valley Hatcheries Limited and belonged to Mzee Moi. The group had raised about 18 million Sh and wanted 40 acres. After consulting with the clansmen, the court heard, the former president decided to give them the land as their money was insufficient to buy such a prime property.

Read: < em>Judge Questions Signature of Daniel Moi in a Sh1.6 billion property

An acre in the area is estimated at approximately Sh10 million. The court heard that the senator was always present during negotiations and transactions between Mzee Moi and his clansmen.

“The plaintiffs withdrew the money (Shh 18 million) to pay the late President at his residence , but he directed them to pay it to Senator Moi, who further directed them to deposit it in his bank accounts,” the lawsuit reads.

The petitioners say Mzee Moi did instructed a surveyor to divide the land into three parts of 40 acres for the group, 30 for Kabarak University vice-chancellor Henry Kiptiony Kiplagat, and 30 acres for the senator. The group’s package was to be vested in its chairman, Simon Yator, before the title could be vested in individual members. The court heard that Mzee Moi had instructed members to hire a lawyer to underwrite all transactions, subdivisions and transfers of packages. Documents filed in court show that all transaction documents between Mzee Moi and the group were prepared and witnessed by attorney Evans Korir Kipchenger of Korir and Kipchenger Advocates.

After the group members received their share, they say that they divided, occupied and developed it while waiting for the Senator to edit the title. “Despite disclosure, the deceased had completed the transaction and signed and executed all transfer documents to the plaintiffs, and it remained with the defendant to issue a title deed to the plaintiffs on his behalf.”

The court heard, however, that the senator called the group in March and informed them of his plan to make adjustments to the original subdivision plan, splitting off approximately 8 acres from the group’s 40 acres. Members protested the move, arguing that they had divided the land among themselves and each person occupied it with their family members. A standoff with the legislature prompted her to file the present lawsuit.

She sued to prevent the senator and land registry clerk from interfering with her land occupation. They are demanding orders declaring them the rightful owners of the land and forcing the senator to grant them the title. However, Senator Moi dismissed the lawsuits as baseless in his response filed on June 27. He denied being involved in the transactions and denied any transaction between his father and the clan members, whom he described as busy bodies.

Read: Moi says the Equity CEO was cheated out of 300 million shillings of land row

“The claimants claim they were given 40 acres, but they claim they had me 18 million shillings for the Purchase of the same property paid. Why did you pay so much for a gift?”

He urged the court to dismiss the lawsuit. Judge Lynette Omollo ordered the parties to file and serve documents before the matter is mentioned on July 26.