What you need to know:
- The widow says the title deed to their farm got lost after Mr Chelungui declined to sale the land to Mr Moi when he was approached by his emissary, a former assistant minister Stanley Metto (Deceased).
An 82 -year-old widow who has sued retired President Daniel arap Moi for allegedly acquiring her 53-acre piece of land valued at more than Sh2 billion irregularly has been ordered by the High Court to file evidence to justify her claim of ownership.
Mr Justice Antony Ombwayo directed lawyer William Arusei for Ms Susan Cheburet Chelungui and others lawyers defending parties sued by the widow to file submissions within 21 days.
The property is in Eldoret town. Upon acquisition of her land the widow says Mr Moi sold it to Rai Plywood (K) Limited.
Ms Chelungui, who is seeking restitution of the land, says the title deed to the land was taken away from her late husband Noah K Chelungui through deception has named Mr Moi, Rai Plywood (K) Limited, the National Land Commission (NLC), district Land registrar in Uasin Gishu district and Registrar of Titles as defendants.
She has denied claims by the defendants that her late husband sold the property.
The widow says the title deed to their farm got lost after Mr Chelungui declined to sale the land to Mr Moi when he was approached by his emissary, a former assistant minister Stanley Metto (Deceased).
“Paper trail shows that part of my late husband’s land was subdivided and registered the names of Mr Metto and Mr Moi,” Ms Chelungui states in the court papers.
In the petition the widow says that her late husband was one of the six beneficiaries of the original farm known as King’ong’o Farm that was subdivided into six blocks. The widow says that her late husband, a former senior chief and MP was approached by the late Metto and told that Mr Moi was interested in buying the land.
“Paper trail shows that the late Noah Chelungui shareholding of the King’ong’o Farm and that after subdivision he registered his portion as Kapkoros Estate that was measuring 620 acres,” Mr Arusei states in the court papers.
She is asking the court to cancel the title deeds issued to Mr Moi and later transferred to Rai Plywood and have the land reverted to her and the administrators of the estate of her late husband.
She seeks to have a decla by Mr Moi and Rai Plywood (K) Limited.
Further the widow is asking the court to compel NLC and the registrar of titles to pay her damages for aiding and abetting the illegal, unconstitutionality issuance of suspect titles and for breach of her rights to ownership of the property and protection by the law.