Moi loses battle for Kabarak school land - Daily Nation

Moi loses battle for Kabarak school land

Thursday October 24 2013

File| NATION The ruling puts at risk the existence of Moi High School,  Kabarak which is built on the disputed land in the event that the owner, Mr Bell, goes ahead to evict them.

File| NATION The ruling puts at risk the existence of Moi High School, Kabarak which is built on the disputed land in the event that the owner, Mr Bell, goes ahead to evict them. 

By PAUL OGEMBA
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Retired president Daniel Moi lost out on his battle to hold on to a 100-acre land belonging to a rancher, Mr Malcolm Bell. (Read: Rancher fights to evict Moi from farm)

A five-judge bench of the Supreme Court put an end to the 10 year court battle, ruling that they have no jurisdiction to overturn an order by the Court of Appeal directing the former president to vacate the land or face eviction.

“The jurisdiction of the Supreme Court may not be invoked just merely for appeals but in matters that raise serious constitutional violations. It is our view that this matter was well settled and does not qualify to be entertained before us,” said the judges.

PUBLIC INTEREST

The judges ruled that Mr Moi and the Board of Governors of Kabarak High School had not demonstrated that the dispute involved great public interest or if there will be serious miscarriage of justice should the Court of Appeal order be enforced.

“It was an error in the first place for the Court of Appeal to grant them the certificate to appeal at the Supreme Court since the dispute does not raise any substantive constitutional violation,” ruled the judges.

The ruling puts at risk the existence of Kabarak High School which is built on the disputed land in the event that the owner, Mr Bell, goes ahead to evict them.

Mr Moi and Mr Bell’s dispute over the 100-acre land began in 2003 when Mr Bell sued him for trespass, alleging that the former president coerced his late father Ginger Bell into donating it to Kabarak High School in 1980.