Retired President Daniel Moi has issued a notice of appeal in a case where Justice Antony Ombwayo slapped him with a Sh1 billion fine over a controversial piece of land which he’s accused of grabbing.
In a case that had dragged in court for several years, the judge ruled that Mzee Moi illegally acquired a 53-acre piece of land from Noah Chelugui, in a case filed by the latter’s wife Susan and son David.
Moi’s lawyer Juma Kiplenge disclosed that on May 15, he filed a notice of appeal and notice seeking a stay of execution of the orders by the Lands and Environment Court in Eldoret.
“Yes, we have filed a notice of appeal and we are ready to argue our case. We will be lining up more witnesses,” the lawyer said.
On the other hand, William Arusei, the lawyer representing Chelugui’s widow and son (David), said he was ready for the court of appeal battle. Arusei, however, said he was yet to be served with the notice of appeal.
“We can’t comment much about the appeal, but we are ready for any appeal as soon as we are served with the notice and as and when we get instructions from our clients,” he said.
Interestingly, some members of Chelugui family have defended the former Head of State, claiming that he paid the family money while acquiring the land. Some claimed that they were not allowed to testify.
One member says that the late Chief Chelugui, was paid Sh220,000 in 1978 besides being given a Mercedes Benz and a bus as part of compensation. He vowed to also appeal on behalf of Moi.
“As a family, we know Moi paid Sh220,000 to the late Chelugui even before he became President. He later added another Sh20,000 before giving him a Mercedes Benz and a bus known in the 1980s as Sugoi Express,” the family member said, adding that he was not given an opportunity to testify in court.