The Court of Appeal has ordered former president Moi to vacate a 100-acre piece of land August 9, 2012. FILE
The Court of Appeal has given former President Daniel Moi six months to vacate a 100-acre piece of land in Kabarak failure to which he would be evicted forcefully.
In the judgement by Lady Justice Martha Koome and Lady Justice Hannah Okwengu, the Court of Appeal overturned a decision which had given the land to Moi High School Kabarak.
Justice Muga Apondi had allowed the school to continue occupying the land saying that it had acquired a title deed by adverse possession.
In the initial case which was filed in 2003, immediately after Mr Moi left power, Mr Malcom Bell had sued the former president for trespassing on his land.
He said he could not sue Mr Moi earlier since he enjoyed immunity as President of the Republic.
Later, the Board of Governors of Moi High School Kabarak sought to be enjoined in the suit saying that the institution had adverse possession of the land.
Justice Apondi dismissed the case by Mr Bell and granted the land to Moi High School Kabarak.
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