Emily Chesang, the late President Daniel Moi’s sister-in-law, is challenging a court ruling where she lost 51 acres of land to the larger Moi family domiciled in Mumberes, Koibatek Sub-County, Baringo County.
74-year-old Chesang, who is the cousin to the late Lena Moi, has petitioned the ruling issued by the Eldoret Land and Environment Court on grounds that her deceased cousin allegedly left her the piece of land as a reward for nursing her back to health when she fell ill.
In her sworn affidavit, Chesang claims that the ruling did not take her evidence into account further stating that most documents supporting her allegations mysteriously went missing from her file thereby weakening her defence.
Chesang, who claims to have been evicted from the property in 2020 following the ruling, also says that the ruling did not factor in her defence further alleging that she was left out of the entire case’s proceedings.
She also claims that a Nakuru-based auctioneer firm, allegedly hired by Moi’s family, is threatening her by demanding the payment of the cost of the suit yet she was given an opportunity to appeal the matter.
While delivering the ruling in favor of Moi’s family, Justice Erastus Oboaga confirmed that Chesang stayed on the farm from January 1995 until the death of Lena Moi in 2004.
Oboaga said that by the fact that even though the complainant stayed in the disputed parcel of land with the permission of Lena Moi, she cannot claim to have adverse interest in the property.
He added that the period Chesang stayed on the land in question was short of the statutory period of 12 years required by the law.
According to the court, Jonathan Moi became the registered owner of the property on June 8, 2007, before he transferred it to his daughter, Barbara Chebet Moi, in October 2010.
Chesang was asked to vacate the property in 2017 when she attempted to bury her grandchild on the farm.
