Ex-President Daniel arap Moi has moved to court to block a land grabbing case against him from being heard by the Nakuru Environment and Land Court.
The former Head of State, through his lawyer, on Wednesday filed an application before the court seeking to have the suit in which former Special Branch officer Stephen Muriithi Mwangi has accused him of grabbing the land in Solai, Nakuru County, struck out.
The former President sought orders to block the hearing of the suit pending the outcome of a Supreme Court ruling.
“The suit is a violation of law as the applicant has similar matters pending before the Supreme Court awaiting determination in which he seeks to overturn the ruling of the Court of Appeal,” said the lawyer.
Mr Mwangi, a former deputy director of the Special Branch, now the National Intelligence Service, had moved to court last month seeking orders to bar the retired President’s family from transacting any business on the land until the case is heard and determined.
He accused the former President of fraudulently acquiring land while he was in detention in 1982.
In a sworn affidavit tabled before court, Mr Mwangi claims he was a close ally of the former President and co-owned the 1,020 hectares land known as Mokamu Limited, alongside the late State spy James Kanyotu.
He, however, claims the two co-directors subdivided the land while he was in detention and gave him the smallest piece of 110.83 hectares without consulting him.
Mr Mwangi said the former President later transferred the land, allocated to him, to his sons Raymond Moi and John Mark Moi who are the current directors of Raymark Limited, the second defendants in the case.
According to Mr Mwangi the process of acquiring and transferring the land was a forgery.
The parties will make submissions on July 19.