Samburu herders want to stop auctioneers over debt owed to Moi lawyers

Members of the Samburu community living at Eland Downs farm in Laikipia North hold a meeting on August 25, 2017. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Auctioneers want to sell 1,300 heads of cattle, household items and vehicles belonging to the group to recover Sh8.2 million debt.
  • The group was slapped with the cost of the suit after losing a case over land in Laikipia North they claimed was their ancestral land.
  • The herders had sued retired president Daniel Moi for transferring the property to KWS and later to the African Wildlife Foundation.

A group of Samburu herders wants the court to stop an auctioneer from seizing or selling their livestock in bid to recover Sh8.2 million they owe retired president Daniel Moi’s lawyers.

The herders have filed a judicial review application under certificate of urgency at the Environment and Land Court in Nyeri through their representative Mr Richard Leiyagu.

Mr Leiyagu told the court that Naisok Auctioneers, through a Proclamation and Attachment letter, want to put to the hammer 1,300 heads of cattle, assorted household items and motor vehicles.

The auctioneer was instructed by Kiplenge & Kurgat Advocates who represented the retired president in an eight-year-old court battle involving ownership of a 17,105-acre land in Laikipia North.

WILDLIFE PARK

The 248 members of the community had sued the former president for transferring the property they claimed was their ancestral land to the Kenya Wildlife Service (KWS).

Mr Moi’s lawyers appeared in court 107 times from March 15, 2010, to July 24, 2017, when Justice Lucy Waithaka dismissed the pastoralists’ claim to the land.

Mr Moi was also awarded costs of the suit.

Though Mr Moi’s lawyers sought Sh40.6 million from the pastoralists as cost of the case, High Court deputy registrar Damacline Bosibori taxed the amount to Sh8,267,666.

The herders accused Mr Moi of transferring ownership of the land known as Eland Downs, commonly referred to as Kabarak Farm, to the KWS at a cost of Sh400 million in 2011 and later to Africa Wildlife Foundation (AWF) without considering their fate.

'GRAVE DANGER'

In the application, Mr Leiyagu explained that when their claim was dismissed, the court never directed the judgment to be executed against the entire Samburu community.

He indicated there is a grave danger of the auctioneer attempting to execute the judgment against members of the entire Samburu community, even those who were not party to the case.

“The Proclamation of Attachment has not been served on the other 248 judgment debtors as required by law. The applicant is likely to suffer immeasurable financial and psychological harm and loss if the said auctioneers decide to execute against him only,” reads the application drafted by Mburugu & Kanyonge Associates.

He also said the sum owed to Mr Moi is Sh8.2 million, adding that he does not own the 1,300 heads of cattle as claimed by the auctioneer.

Mr Leiyagu said he should be ordered to deposit a sum of Sh36,423 being his portion of the decretal sum and the auctioneers cost.

The price of a cow in Laikipia presently ranges from Sh45,000 to Sh120,000, according to Mr Leiyagu. Meaning Sh8.2 million would require only 182 head of cattle if each cow was valued at Sh45,000.

“To confiscate 1,300 cows as threatened by the auctioneer will fleece the Samburu community of the equivalent of Sh58.5 million effectively rendering them poor and further marginalised,” said the former army officer.

The application will be heard on Wednesday by Justice Mary Oudo.

SECOND DEBT

The community members will also have to pay Kaplan & Stratton, the law firm which represented AWF in the case, a similar amount of Sh8.2 million.

The firm had filed a bill of Sh11.8 million.