Retired President Daniel arap Moi wants a Nakuru court blocked from hearing a land-grab case facing him.
The former president, through his lawyer, on Wednesday filed an application seeking to have the suit in which former Special Branch officer Stephen Muriithi Mwangi accuses him of grabbing the land in Solai struck out.
Mr Moi 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 in which he seeks to overturn the ruling of the Court of Appeal,” Mr Moi said.
Mr Mwangi who is a former deputy director of the Special Branch — now the National Intelligence Service — moved to court last month seeking orders to bar the Moi family from transacting any business on the land until the case is determined.
He says the former president fraudulently acquired the land in 1982 while he — Mwangi — was in detention.
Mr Mwangi said he was friend of the former president and co-owned the 1,020-hectare piece known as Mokamu Ltd, alongside former Special Branch chief James Kanyotu.
He however, says the other co-directors subdivided the land into three while he was in detention and gave him the smallest piece of 110.83 hectares without consulting him.
The court was told that Mr Moi later transferred the land given to him to his sons Raymond and John Mark, who are the directors of Raymark Ltd, the second defendant.
Mr Mwangi’s lawyer Guandrau Thuita said the process of acquiring and transferring the land was fraudulent “since my client did not sign any documents before presiding advocate Joshua Chepkurui who lacked a practising certificate at the time of the transaction”.
Mr Mwangi objected the application, saying there was nothing wrong with the court hearing both cases at the same time.
The parties were ordered to serve each other with relevant documents ahead of hearing of the preliminary objection on July 19.