A man has petitioned a court to allow him to place a notification of his land case against retired president Daniel Moi in a local newspaper.
Mr Stephen Muriithi Mwangi, who has accused Mr Moi of allegedly grabbing his land in Solai, Nakuru County, wants the notification published in the Daily Nation newspaper.
“We pray that the court orders that the notification for appearance in court be issued to Mr Moi through the Daily Nation newspaper as his status as the country’s retired president makes it difficult to access him,” said Mr Mwangi through his lawyer.
He said serving the former president with court documents is difficult since he is highly guarded.
He on Friday filed a case under certificate of urgency before an Employment and Labour Relations court in Nakuru seeking to orders to bar Mr Moi from transacting any business on the land until the case is heard and determined.
Mr Mwangi, a former deputy director of the Special Branch, currently the National Intelligence Service, told the court that his land was fraudulently acquired by the former president while he was in detention in 1982.
In a sworn affidavit, Mr Mwangi claims he was a close ally of the former president and co-owned, alongside Mr James Kanyotu, 1,020 hectares land known as Mokamu Limited.
He however claims that the two co-directors subdivided the land into three pieces while he was in detention and gave him the smallest piece of 110.83 hectares without consulting him.
“I believe that the documents used in effecting the subdivisions were executed by the late Mr Kanyotu and the Company Secretary known as Africa Registrars,” he said.
The court heard that Mr Mwangi filed a case in 2009, which is pending in court, to complain of the violation of his rights to own property.
He alleged that the former president, after acquiring the land, transferred it to his sons Raymond Moi and John Mark Moi, who are the current directors of Raymark Limited.
He claimed to have found documents showing that he had awarded the land to Mr Moi as gift, allegations which he denied.
Mr Mwangi claims the document is a forgery as he had not signed any transfer document and that the presiding advocate, Mr Joshua Chepkurui, did not hold a valid practicing certificate at the time of transaction.
Through lawyer Mr Fredrick Guandaru, the applicant told the court that unless the orders are issued, the former president is likely to interfere with case.
“It will be in the interest of justice that a conservatory orders be issued to protect the land from disposal and to prevent this suit from being rendered nugatory,” he said.
Justice Dalmas Ohungo, who certified the matter as urgent, directed Mr Muriithi to explore all means available to serve Mr Moi with the documents.
The case will be heard on April 12.