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)
