ZEHRABANU JANMOHAMMED (SUING AS THE EXECUTRIX OF THE ESTATE OF DANIEL TOROITICH ARAP MOI) & ANOR V. D SUSAN CHERUBET CHELUGUI & DAVID K CHELUGUI (SUING AS THE ADMINISTRATORS OF THE ESTATE OF THE LATE NOAH KIPNGENY CHELUGUI) & 3 ORS

JUDGMENT

1. By this appeal, the appellants challenge the judgment and orders of Ombwayo, J. by which the learned Judge allowed the 1st respondent’s petition and directed that the acquisition of Eldoret Municipality/Block 15/239 (53 acres) (the suit property) by His Excellency Daniel Toroitich Arap Moi and subsequently by Rai Plywood (K) Limited (appellants) was unconstitutional, irregular, unprocedural, tainted and a nullity ab initio. Consequently, the learned Judge ordered the two to pay the estate of the late Noah Kipngeny Chelugui (deceased) the sum of Kshs.1,060,000,000 as compensation for the land illegally registered in their names.

2. The matter arose from a petition dated 9th June, 2014 and lodged by Susan Cherubet Chelugui and Daniel K. Chelugui, suing as the administrators of the Estate of the deceased, (hereinafter “the 1st respondent”). The 1st respondent sought various orders in that petition, including declarations that: their constitutional right to property and/or interest in…