Susan Chelugui, the widow of former chief Noah Chelugui, was awarded over Ksh2 billion as compensation for the illegal acquisition of their 53 acres of land in Eldoret town.
A report by Nation indicated that both the family of former president Daniel Moi and the billionaire Rai family were ordered to compensate the widow after a case that had dragged in court for over three decades.
The ruling was delivered by Court of Appeal Judges Patrick Kiage, Mumbi Ngugi and Kathumira M’Inoti.
It is reported that Moi had sold the land to the Rai family, who set up Rai Plywood Limited in the disputed area.
The appellate judges ruled that the Moi family contravened Article 40 of the Constitution- which highlighted the right to protection of property.
"With guidance from the above provision on the manner in which the constitution should be construed, we think that Article 40 of the constitution is one of those constitutional provisions that is not limited in its application."
"It can, and must in appropriate cases, apply retrospectively. It seems quite clear to us that the right to property is ring-fenced by the constitution and courts must be vigilant to ensure that the State and those who wield state power do not by might negate the right,” the judges ruled.
Further, Susan's lawyer, Ahmednasir Abdullahi had requested the court to revise the compensation benefits, from the initial Ksh1 billion to Ksh2 billion, arising from the current valuation of the land.
The Senior Counsel argued that there did not exist any formal documentation regarding the agreement between the Moi family and the Rai brothers.
Initially, Justice Antony Ombwayo of the High Court had ordered a Ksh1 billion compensation to Susan over land grabbing charges.
Through its counsel, Zehrabanu Janmohammed, Moi's family however appealed the case in 2019, seeking for the charges to be dropped.
However, the case dragged in court for over two years after the demise of president Daniel Arap Moi in February 2020.
