Samburu community appeal ruling in Moi land case

The Samburu community on Monday appealed against a court ruling that cancelled a planned visit to a land at the centre of a dispute between them and former President Daniel Moi.

Through lawyer Suyianka Lempaa, the community told the Appellate Court that by failing to tour the site, crucial evidence would not go on record, leading to prejudice of the case.

They want the court and other lawyers to tour the site before making any ruling. They also want the visit to be done using vehicles and not choppers.

A Land and Environment Court last month ordered the community to hire choppers to transport judicial officers and lawyers representing involved parties in the case to visit the 17,105 acre land in Laikipia North on October 6.

The community was unable to make the air travel arrangements before the said date, making a judge rule that the case proceeds and parties file submissions before November 24.

“The community did not get hearing. We want the site visit rescheduled at an appropriate date and that the visit be by way of motor vehicle and not by air travel as ordered,” Mr.Lempaa contested.

He told the bench consisting of Judges Phillip Waki, Roselyn Nambuye and Festus Azangala that the Judge would have agreed to visit the protracted land for her to understand the case.

FILE WRITTEN SUBMISSION

“The judge erred in law by ordering the parties in the matter to file written submissions without crucial evidence of possession in a claim of adverse possession and by disregarding probative value of possession,” Mr. Lempaa indicated.

Moi’s lawyer Juma Kiplenge and AWF’s James Muthui protested that the applicant had not served them on notice of appeal on any orders and that the application was sneaked in.

“The application should be withdrawn since it is waste of judicial time,” noted Lawyer Muthui.

They had told the court that the suit land could only be accessed through air travel.

However, the judges said the appeal by the community raises constitution issues that need to be addressed.

They ordered that the appeal filed by the community be heard on priority basis in their next session in November before parties file submissions at the high court.

The community moved to court in 2009 accusing the retired president of illegally transferring 17,105 acres of their ancestral land located in Elan Down in Laikipia North constituency to AWF and then to KWS.

They further accused Moi of selling the suit land for Sh.400 million to KWS in 2011 while the case was still going on in court.