Sister in law to Former President Looses 51 Acres
A sister in law to retired president the late Daniel Moi has challenged a court ruling where she lost 51 acres to the family of Moi.
The 74-year-old woman, cousin to the late Lena Moi, wife to the late president, has challenged Land and Environment Court ruling in Eldoret after she lost 51-acre piece of land to Moi’s family in Mumberes in Koibatek Sub County.
Emily Chesang claims to have been given the said land by her cousin as a reward after nursing her when she was sick.
In her sworn affidavit challenging the ruling in favor of Moi’s family, Ms Chesang claimed that the ruling discarded her evidence where most of her documents went mysteriously missing in her file hence weakening her defence.
She also claims that her lack of information on the court process negatively affected her case.
“I was not given the opportunity to appear in court to defend myself as a respondent. The ruling was done in haste where the matter was moved to Eldoret instead of Nakuru without my consent,” Ms Chesang said.
Ms Chesang is confident that given the opportunity she will prove to the court that she has a right to own the land in question.
According to Ms Chesang the ruling did not factor in her defence since she was left in darkness during the entire court process.
She was evicted from the property in 2020 after the court ruling, she now claims to have been subjected to anguish and suffering.
“My family has been left loitering in the streets, I have lost everything that I owned, my children are being displaced. I appeal to legal experts to help me reposses what is rightfully mine,” she said.
She also claims that a Nakuru based auctioneer firm allegedly hired by Moi’s family is threatening her by demanding for the payment of the cost of the suit yet she was given opportunity to appeal the matter.
While delivering the ruling in favor of Moi’s family land and environment Judge, Justice E.Oboaga confirmed that Ms Chesang stayed on the farm from January 1995 until the death of Lena Moi in 2004.
The court said that by the fact that the complainant stayed in the disputed farm with the permission of Lena Moi, she cannot claim to have adverse interest in the suit property.
According to the court, Jonathan Moi became a registered owner of the property on June 8, 2007 before transferring it to his daughter Barbara Chebet Moi in October 2010.
Ms Chesang was asked to vacate the property in 2017 when she attempted to bury her grandchild in the farm.
The court observed that due to the period that Ms Chesang stayed in the property after Jonathan Moi became the registered owner, she cannot claim for adverse possession due to the short period that she stayed in the farm after Mr Gideon Moi became the registered owner of the property.
According to the court findings, the period Ms Chesang had stayed in the land in question was short of the statutory period of 12 years required by the law.
“Due to the short period the complainant had lived in the suit property, it is clear that the appellant had not acquired any interest in the suit property by way of adverse possession. I therefore find that her case lacks merit. The same is dismissed with costs to the respondent,” ruled Justice E.Obaga of Eldoret Land and Environment Court.
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