Fallout in Moi's political empire

On Friday, it was reported that one of former President Moi's associates, former State House Comptroller Abraham Kiptanui, was suing another key insider in the Moi State House, former personal aide Joshua Kulei over a business dispute with millions of shillings at stake. 

Earlier had come the news that the former President was himself suing his former lawyer, Dr Kenneth Kiplagat, over millions of shillings being refunded by the Government to former shareholders of the (defunct) Kenya Cooperative Creameries. 

Disputes over money aside, there has also been the loud talk of a political fallout between Mr Moi and his former powerful Cabinet minister, Keiyo South MP, Nicholas Biwott. 

Shortly after news of the Kiptanui-Kulei row broke out, Kiptanui released a statement saying that he was not party to the Sh83 million demand over Nakuru's Merica Hotel. 

Documents filed in court on July 21 had listed Mr Kiptanui among other individuals and companies represented by the firm of K. H. Osmond Advocates in the case against Mr Kulei. But it was not until the matter was reported in the press that another lawyer, representing Mr Kiptanui, wrote to deny that his client was party to the proceedings. 

"Mr Kiptanui," read the letter from Mr Kibet to K. H. Osmond, "has never instructed you or indeed any other firm to file the suit against Mr Kulei". 

Mr Kiptanui demanded that K. H. Osmond apologise, expunge his name from the case and meet the costs. 

Then there is the case filed by retired President Moi against his former lawyer, Dr Kiplagat. Mr Moi, it has emerged, was one of powerful personalities in his own government who put up money to buy the KCC. 

When the Kibaki administration came to power, it moved to repossess the company, by then renamed KCC 2000, but undertook to refund over Sh500 million to the companies and individuals who had pumped in fresh share capital. 

It was last week that the story broke that Mr Moi was suing Dr Kiplagat and two other lawyers for his share of the refund amounting to Sh101 million. Mr Moi said he had formed a company, Cherry Hill Ltd, and appointed Dr Kiplagat and the other two lawyers, Mr Anthony Munge and Mr Leonard Maingi, as nominee shareholders and directors. 

In his application filed by lawyer Katwa Kigen, under a certificate of urgency at the Milimani Commercial Courts in Nairobi, Mr Moi said he was the rightful owner of Cherry Hill, with Dr Kiplagat, Mr Munge and Mr Maingi being his nominees and trustees.

He explained that he had asked Dr Kiplagat, as his advocate, to incorporate the company. 

"This arrangement suited me, as I was fully engaged in other matters that would make it almost impossible for me to discharge the duties of a director in Cherry Hill Ltd on a full time basis," he said.

However, according to Mr Moi, the lawyer had since refused to acknowledge him as the owner of the company and has instead "endeavoured to hold himself and the other two as the bona fide proprietors and beneficial owners of the company".

Mr Moi says he borrowed the Sh101 million from a local bank, with no contribution from the three, and has to settle the loan.

He wanted KCC lawyers barred from paying the Sh101 million refund to Dr Kiplagat and his associates. 

Mr Moi has also been involved in other court battles since he left office. There was, for instance, a case filed by a former MP for Mathioya, Mr Maina Njakwe, demanding Sh300 million as fees for the construction of Moi Educational Centre in Nairobi West.

And the suit in Nakuru by a local farmer and neighbour, Mr Malcolm Bell, who claims his family farm was forcibly stripped of land which was taken over by Mr Moi's Kabarak School. 

It is the fallouts within the Moi networks, however, that are generating most interest. Most dramatic on the political side has been his perceived parting of ways with Mr Biwott.

The two started going their separate ways in the run-up to the last General Elections when Mr Moi ignored the protestations of his closest advisers on hoisting Kanu's political newcomer, Uhuru Kenyatta, as his preferred successor.

Mr Biwott was one of those opposed to Mr Kenyatta, but could do nothing when Mr Moi stuck to his guns.

Come the elections and Mr Kenyatta was routed in the presidential race by the Narc candidate, President Mwai Kibaki. And with that, Kanu was out of power for the first time since independence. 

The shattering loss provided the perfect opportunity for those opposed to Mr Kenyatta to blame him for the setback and plotted to send him packing. 

But when party elections were called, Mr Moi stuck firmly with Mr Kenyatta to succeed him as Kanu chairman. 

A seething Mr Biwott, for the first time, openly defied Mr Moi and declared his candidature for the chairmanship. 

With Mr Moi's strong support however, Mr Kenyatta triumphed easily and Mr Biwott was reduced to crying foul and fronting a rebel party leadership.