Gideon Moi Blocked From Accessing 40-Acre Clan Land Gifted By Mzee Moi

A bitter land dispute has erupted between KANU Chairman Gideon Moi and 56 members of his own clan over a 40-acre parcel in Kabarak that was allegedly gifted to the elders by his late father, former President Daniel arap Moi.

The conflict has now reached Nakuru court where Gideon Moi is fighting to have his clansmen’s amended petition struck out, claiming the legal proceedings are irregular and procedurally flawed.

What began as a family matter has transformed into a high-stakes courtroom battle that threatens to expose deep fractures within the Moi clan.

The drama traces back to when members of the Keres Self-Help Group, led by Simon Kipsang Yator, approached the late President Moi seeking to purchase part of his 100-acre farm adjacent to his Kabarak home.

The elders had raised Sh18 million but found it insufficient for the full purchase. In what appeared to be an act of generosity, President Moi decided to gift them 40 acres instead.

The land, originally registered under Rift Valley Hatcheries Limited, a company linked to the former president, was subsequently transferred to the group’s chairman Simon Yator.

The parcel was then subdivided, with each of the 56 members receiving an eighth-acre plot where they established various investments.

However, the goodwill gesture has since soured dramatically.

The 56 clansmen now accuse Gideon Moi of attempting to grab the land and have filed a lawsuit claiming he colluded with the Nakuru District Land Registrar to fraudulently transfer the property to himself with intentions of selling it to third parties.

The elders argue that Gideon Moi has disregarded his father’s wishes and is attempting to evict them from land where they have already made substantial investments.

Their frustration stems partly from Gideon Moi’s alleged failure to process the title deeds, forcing them to seek legal intervention.

In a significant development in 2023, the clan members moved to court to cancel a consent order they claimed was fraudulently obtained by Gideon Moi and Simon Yator without their knowledge.

They argued that Yator no longer had authority to represent them after being removed as a complainant. Justice Millicent Odeny sided with the elders, setting aside the consent order and allowing the case to proceed to full hearing.

The legal battle has taken another twist with the filing of an amended petition that has further inflamed tensions.

The amended suit introduces significant changes including replacing original plaintiff Yator with Samy Kaliny Chirchir and adding the director of survey as a new defendant.

Through his lawyer Kipkoech Ngetich, Gideon Moi is now mounting a fierce counterattack, arguing that the amended suit was filed without proper court authorization and introduces new causes of action that could prejudice his defense.

“The plaintiffs’ failure to obtain leave before filing the amended plaint renders it fatally defective, irregular, and an abuse of court process,” Moi stated in court documents.

Adding another layer to the controversy, Gideon Moi’s legal team has challenged the elders’ current representation by lawyer Ochieng Gai, who previously represented Simon Yator.

They argue this creates a conflict of interest as Gai is now acting against a former client over the same piece of land.

The dispute reveals the complexities that can arise when political legacies intersect with family inheritance and community expectations.

What the late President Moi intended as a gesture of goodwill toward his clansmen has become a source of division that pits his son against the very people his father sought to help.

The case also highlights broader issues around land ownership and inheritance in Kenya, where disputes over property left by prominent figures often tear families apart and drag on for years in court.

As the matter heads for hearing on July 31 before Justice Anthony Ombwayo, both sides appear entrenched in their positions.

For the 56 clansmen, this represents a fight to protect what they view as their rightful inheritance from Mzee Moi. For Gideon Moi, it’s about defending himself against what he sees as baseless accusations and procedurally flawed legal challenges.

The outcome of this case will likely set important precedents for how inherited land disputes are handled, particularly when they involve high-profile political families.

It may also determine whether the late President Moi’s intentions regarding the 40-acre gift will ultimately be honored or whether his son’s interpretation of the family’s rights will prevail.

Whatever the court decides, this bitter dispute has already damaged relationships within the Moi clan and raised questions about how one of Kenya’s most prominent political families handles its internal affairs.

The elders who once looked to the Moi family with respect and gratitude now find themselves locked in legal combat with the son of the man who showed them generosity.