The family of ex-boss Noah Chelugui has joined the Supreme Court suit in which the Mois are trying to appoint attorney Zehrababu Janmohammed as executor of the former president.
The Cheluguis say in court files, that the Mois should be deterred from appointing an administrator until it takes into account the Sh1 billion the ex-boss’s widow received in 2019 after a five-year legal battle.
Moi died on February 4th 2020 after a long illness.
According to Kenyan law, the family of a deceased person must file an application in court for the appointment of an administrator to execute the will. If the person died without their will, the family members can either agree on a division formula or let the courts decide how the property should be divided.
Once the application for the appointment of an administrator has been submitted, persons with an interest on the deceased’s property – including members of the family of creditors – has time to raise objections, which will be used by the court to decide whether or not to approve the proposed executor.
If this is the proposed administrator He or she is allowed to take over the administration of the estate and provides a list of the assets and debts that the deceased left behind.
Land allegedly packed
Moi allegedly packed the 53rd Cheluguis . In Eldoret on September 21, 1983, before the main property was sold to the Jaswant Rai family.
In May 2019, Supreme Court Justice Antony Ombwayo called on Moi and the family-owned Rai Plywood from Rai To pay Cheluguis family Sh1 billion for the illegal takeover of the land.
Moi challenged the competition ruling at the Kisumu Court of Appeal, but passed away nine months later.
“Should this court Confirming the aforementioned authorization (of the administration), the judiciary will be defeated on our part, as it will be difficult or even impossible to carry out the judgment and / or to enjoy the fruits of our litigation. We are lawful creditors of this estate and are entitled to our share as decided by the judge of the regional and environmental court, “says David Chelugui, a son of the former boss, in court records.
The Cheluguis Now it is said, that her award has grown to Sh.2 billion due to interest and legal fees and should be considered before an administrator is appointed to succeed Moi.
“I pray this honorable tribunal will overturn our stake of Sh 2 billion to cover the decree plus (legal) costs, as we are waiting for the outcome of the appeal. In the meantime, confirmation of the grant should be suspended and / or suspended until the estate has set aside the amount of Sh2 billion, ”adds Junior Chelugui.
Moi’s follow-up process has remained a jealously kept secret between the former President’s family and court officials.
Claim for damages
attempts by the nation to access the court record in the past year have all been unsuccessful. Law enforcement officials have confirmed to our team several times that only a handful of senior executives, mostly judges, have access to the documents.
Rai Plywood informed the High Court that it bought the land in 2007 after thorough scrutiny from Moi One Search which found none other than the former president was entitled to the prime property.
Chelugui’s 85-year-old wife Susan and son David sued Moi, Rai Plywood, the district chancellor of Uasin Gishu District, the registrar of Titles and the National Land Commission in 2014.
The District Lands Registrar and Uasin Gishu District denied a claim for damages, arguing that they were “bound by orders from the first respondent from above (moi)” in the alleged Land grab program.
Moi provided the court with a title deed and a white card, but was unable to provide evidence of how he had bought the land.
The former president and R. ai Plywood insisted that the lawsuit was a claim to land disguised as a constitutional motion.
Had it been treated only as a landfall, it would have been statute-barred because Kenyan law had a 12-year time window for the filing of a lawsuit.
However, on constitutional motions, a judge may overlook the time it took to bring the matter to court.
bwasuna @ ke .nationmedia.com; [email protected]