Farmer wants Moi jailed in row over land

By NATION REPORTER


IN SUMMARY

**Mr Malcolm Bell now wants Mr Moi committed to civil jail for contempt of court.

**Mr Bell told of his intention to file an application seeking to have the former Head of State committed to civil jail for six months, claiming that he has not complied with the ruling.

**He said he would also seek to have Mr Moi’s property attached following his (Moi’s) acts of disobedience regarding a disputed 100-acre pplot at Kabarak.

............................

A Nakuru farmer who won a case against former President Daniel arap Moi over ownership of a piece of land next to his Kabarak farm has moved to court again.

Mr Malcolm Bell now wants Mr Moi committed to civil jail for contempt of court. (READ: The first man who sued Moi and won)

In a notice of penal consequences to Mr Moi and the Board of Governors of Moi High School Kabarak, Mr Bell told of his intention to file an application seeking to have the former Head of State committed to civil jail for six months, claiming that he has not complied with the ruling.

Acts of disobedience

In the notice drawn by his lawyer, Mr Kahiga Waitindi, Mr Bell said he would also seek to have Mr Moi’s property attached following his (Moi’s) acts of disobedience regarding a disputed 100-acre pplot at Kabarak.

In the letter, Mr Waitindi said the Court of Appeal in Nakuru had issued orders restraining Mr Moi and Moi High School Kabarak principal, Dr Henry Kiplagat, from entering, occupying, using or in any way interfering with Mr Bell’s use of the land.

Last month, appellate Judges Martha Koome and Hannah Okwengu gave Mr Moi and the school six months to vacate the land.

They reversed a previous decision by Mr Justice Muga Apondi granting the land to the school on the basis of adverse possession.

Mr Moi has declared his intention to challenge the Court of Appeal’s decision at the Supreme Court. However, he has to get permission to move to the Supreme Court from the High Court.

Source: Daily Nation (12/09/2012): http://www.nation.co.ke/News/Farmer+wants+Moi+jailed+in+row+over+land/-/1056/1505594/-/4wqgvy/-/index.html