A sister-in-law of the late retired President Daniel arap Moi has challenged a court ruling in which she lost 51 acres to the Moi family.
Mrs Emily Chesang, 74, claims the land was given to her by the late Lena Moi — her cousin, who was President Moi's wife — as a reward for nursing her during her illness.
She has challenged the ruling of the Land and Environment Court in Eldoret after losing the land at Mumberes in Koibatek sub-county to the Moi family.
In her affidavit challenging the ruling, Ms Chesang claimed that the ruling dismissed her evidence, with most of her documents allegedly mysteriously missing from her file, thereby weakening her defence.
She also claims that her lack of information about the court proceedings negatively affected her case.
"I was not allowed to appear in court to defend myself as a defendant. The decision was rushed and the case was transferred to Eldoret instead of Nakuru without my consent," said Ms Chesang.
Ms Chesang is confident that if given the opportunity, she will prove to the court that she is the rightful owner of the land in question.
According to Ms Chesang, the ruling did not help her defence because she was kept in the dark throughout the court proceedings.
She was evicted from the property in 2020 following the court ruling and she claims she has been subjected to fear and suffering.
"My family has been left on the street, I have lost everything I own and my children have been displaced. I appeal to legal experts to help me recover what is rightfully mine," she said.
She also claims that a Nakuru-based auction company allegedly hired by the Moi family is demanding payment of the costs of the case, but she has been allowed to appeal.
In ruling in favour of the Moi family, Land and Environment Court Judge Elijah Obaga, confirmed that Ms Chesang had been on the farm from January 1995 until the death of Lena Moi in 2004.
The court said that the fact that the plaintiff stayed on the disputed farm with Lena Moi's permission meant that she could not claim to have an adverse interest in the property in question.
According to the court, Jonathan Moi became the registered owner of the property on June 8, 2007, before transferring it to his daughter Barbara Chebet Moi in October 2010.
Ms Chesang was asked to leave the property in 2017 when she attempted to bury her grandchild on the farm.
The court found that Ms Chesang could not claim adverse possession because of the length of time she stayed on the property after Jonathan Moi, who died in April 2019, became the registered owner, as she has stayed for only a short period of time.
According to the court's findings, Ms Chesang's stay on the land in question was less than the 12 years required by law.
"It is clear that the appellant had not acquired any interest in the property in question by way of adverse possession. I therefore find that her claim lacks merit. The case is dismissed with costs to the respondent," ruled Justice Obaga.
