2 Petitioners Seeking 4.5B Move To Court To Stop Execution of Moi’s Will

KEY POINTS:

  • Litany of land grabbing cases has come back to haunt the family of the former President Daniel Arap Moi with his kin bearing the consequences.
  • Moi kin was on the top gear of sharing out the billions he left behind in cash and valuable assets and properties have hit an impeding block by at least two claims totaling Sh4.5 billion.
  • US-based businessman George Kiongera wants Sh2.5 billion reserved to refund his purchase of a disputed 20-acre plot in Nairobi’s Muthaiga suburb.
  • The family of former chief Noah Chelugui wants Sh2 billion set aside for an award the Eldoret High Court gave.

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Litany of land grabbing cases has come back to haunt the family of the former President Daniel Arap Moi with his kin bearing the consequences.

Moi kin was on the top gear of sharing out the billions he left behind in cash and valuable assets and properties have hit an impeding block by at least two claims totaling Sh4.5 billion.

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The two are now pushing the High Court to halt the execution of Moi’s will until their Sh 4.5 billion claims are settled in full.

US-based businessman George Kiongera wants Sh2.5 billion reserved to refund his purchase of a disputed 20-acre plot in Nairobi’s Muthaiga suburb. While the family of former chief Noah Chelugui wants Sh2 billion set aside for an award the Eldoret High Court gave.

But Moi’s family is not ready to surrender even a dime to the two. They have sought the services of lawyer Zehrabanu Janmohammed to deal with the Chelugui family case specifically.

In 2019, Moi, alongside Rai Plywood (K) Limited, had been ordered to pay the Chelugui family Sh1 billion for illegally taking possession of their 53-acre farm in Eldoret town.

Moi was found to have abused and misused his Presidential powers in 1983 to irregularly wrest ownership of the Eldoret farm from Chelugui before selling the prime property to the Jaswant Rai family-owned Rai Plywood. That ruling was made by High Court Judge Antony Ombayo

Moi filed an appeal against the ruling, unfortunately, he died before securing orders suspending Justice Ombayo’s judgment.

To avert the likely action by Chelugui to attach attachments against Moi Family, they have tasked lawyer Janmohammed to take over the former president’s role as appellant in Kisumu, where she is expected to challenge Justice Ombwayo’s decision.

Lawyers William Arusei and July Kiget for Chelugui will be opposing the application to substitute the executor of Moi’s Will.

In her application to replace Moi, lawyer Janmohammed is also asking the court to revive the abated appeal.

“In the year 2020 after following the due process required under the provision of the various succession regime laws, lawyer Janmohammed was issued with a grant of probate to act as the personal representative to the estate of the deceased (Moi).”

“In the process of filing an application seeking orders to substitute the late Daniel Toroitich Arap Moi through the Judiciary e-filing system, this matter unfortunately abated. It is only fair and just that the matter herein be revived and the personal representative of the estate of the deceased be substituted as the legal representative of the deceased, the defendant in this matter,” Kiplenge says.

US-based businessman Kiongera has also filed a similar appeal pushing for his Sh2.5 billion paid before the execution of the will.

Moi died while fighting numerous court battles over land issues he allegedly acquired illegally during his 24-years reign. Among those include; United States International University-Africa (Usiu-A), Equity Bank CEO James Mwangi, and Dr. Kiongera had all sued him over a 20-acre property in Nairobi’s plush Muthaiga suburb.

Now his kin will have to bear the consequences. That is karma as some people may try and argue out.

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