GSU Occupy Moi Family Land Eldoret: Lawyer Calls Action Unlawful

• General Service Unit officers forcefully occupied a property belonging to the family of the late President Daniel arap Moi near Eldoret State Lodge.
• The property, Eldoret Municipality/Block 8/62, is owned by Willowdale Investments Limited, which has held a title deed and occupied the land since 1996.
• Lawyer Moses Mutisya, representing the Moi family, stated that the GSU acted on an alleged State House eviction order, without prior notice or a land dispute.
• The GSU officers later claimed the property was government-owned, despite the family's documented private ownership.
• The Moi family intends to take legal action if the alleged unlawful occupation is not promptly remedied.

This situation presents a clear challenge to established property rights, particularly given the absence of due process.

General Service Unit (GSU) officers recently took control of a significant property owned by the family of Kenya's second President, the late Daniel arap Moi, located in close proximity to the Eldoret State Lodge. The parcel, officially registered as Eldoret Municipality/Block 8/62, was reportedly invaded on a Friday afternoon. This forceful entry followed what informed sources suggest was a directive from State House, ordering the removal of existing occupants.

Moses Mutisya, a lawyer from Gordon Ogola and Associates, who represents both the Moi family and Willowdale Investments Limited, confirmed that GSU personnel instructed caretakers on the property to vacate immediately. Upon his inquiries, the officers informed him they were executing firm instructions to enforce the directive. By the following Saturday afternoon, all occupants had complied and moved out of the premises, according to Mutisya.

The property's strategic location near the main entrance to the State Lodge is notable. During the period of occupation, the vicinity around the State Lodge was under stringent security, with reports indicating that only government officials were permitted to use the roads leading to the protected zone. Photographs obtained by The Standard depicted the premises within the property as deserted following the GSU's intervention.

The Moi family, through Willowdale Investments Limited, asserts legitimate ownership of the disputed land, having been in continuous occupation since 1996 and possessing a valid title deed to that effect. Lawyer Moses Mutisya spent considerable time at the property during the occupation, attempting to engage with the GSU officers. However, his pleas to halt the takeover were reportedly disregarded by the uniformed personnel.

Mutisya has unequivocally labeled the GSU's actions as an unlawful occupation, emphasizing that his clients had not received any prior eviction notice. Furthermore, he highlighted that the land had not been the subject of any dispute for nearly three decades, underscoring the sudden and unexpected nature of the takeover. The GSU officers later informed the caretakers that they were occupying government property, a claim directly contradicting the documented private ownership.

This situation presents a clear challenge to established property rights, particularly given the absence of due process. The lawyer for the Daniel arap Moi family property maintains that all necessary documents proving ownership are in their possession, reinforcing their claim against the forceful state occupation. The presence of some cows grazing on the property, which Mutisya clarified did not belong to his client, added a peculiar detail to the unfolding events.

The precise motivation behind the GSU's forceful takeover remains officially unconfirmed. It is not immediately clear whether the alleged eviction is linked to an existing land dispute or if it constitutes a security measure implemented by the state. Efforts to solicit a comment from Government Spokesman Charles Owino regarding the incident were unsuccessful, as he neither answered calls nor replied to text messages, leaving a vacuum of official explanation.

Despite the lack of clarity from government channels, the owners, through their legal representative, are resolute in their position. They insist that they possess irrefutable documentation affirming their ownership of the Eldoret Municipality/Block 8/62 parcel. Moses Mutisya, the Moi family lawyer, has publicly demanded that this injustice be remedied without delay.

He has issued a stern warning that if the matter is not resolved promptly and appropriately, the owners will not hesitate to pursue all available legal avenues. This stance signals an impending legal challenge against what is perceived as an unlawful land occupation by the GSU, underscoring the vulnerability of even well-documented private land titles to such forceful actions.

Lawyers should advise clients on the vulnerability of even well-documented private land titles to forceful state occupation and prepare for legal challenges against alleged unlawful evictions by government agencies, emphasizing due process and property rights.

Source: Original reporting via The Standard.