A land dispute case implicating one of former President Daniel arap Moi’s son failed to commence tonday at Nakuru High Court.
The Current directors of Kimng’ochoch Farm Limited filed a petition at Nakuru High Court seeking to revoke allocation of 82.9 hectares (226 acres) which they argue was fraudulently allocated to Mr John Mark Moi at Solai area. He has been listed as a second defendant in the Civil Suit.
The case before Lady Justice Helen Omondi was postponed after the petitioners were informed that the judges were on vacation.
Some 222 shareholders are fighting for justice in an attempt to recover various prime properties that were illegally allocated to influential individuals during Kanu regime in 1992.
According to the petitioners affidavid, the disposal of the companies properties deal was sealed against the wishes of majority of the members. The civil suit filed by Mr Dickson Yatich and sponsored by a rights group- claim that despite demand made and previous intentions to sue the defendants, they had refused to facilitate a transfer of the suit land into Kimng’ochoch farm limited.
The plaintiffs also want the court to compel the ten defendants led by former company chairman Mr Obadia Kipkorir to explain the position of the contested properties which include farm houses, tractors and dairy cattle which the shareholders inherited in 1972 when they bought the property from a white settler who disposed to them a total of 1,792 acres.
“While acting as bona fide officials and trustees, the six petitioners have filed that the defendants “fraudulently transacted parcel of land Solai/Ndungiri Block 1/232 and parcel of land Solai/Ndungiri 1/135 and other movable properties to 2nd defendant (Mr Mark) without minutes of present officials and members knowledge as per memorandum of association.”
The petitioners acting on behalf of 222 shareholders want the court to order permanent injunctions restraining the defendants “either by themselves, their servants, and or agents from entering, trespassing, cultivating and or in any way interfering with the plaintiffs properties.”Mr Peter Tenna, a rights activist said they were taking up the matter under provisions of the new constitution after the Moi family and other defendants failed to settle the matter out of court despite their approach to arbitration mechanisms. The petitioners claim they had sent emissaries to former President Moi but no official communication came from that end.
(Courtesy Simon Ben Nakuru)