Farmer wants Ruto’s appeal dismissed

By Isaiah Lucheli

NAIROBI, KENYA: A peasant farmer wants an appeal file by the Deputy President William Ruto challenging the awarding of Sh5 million to him dismissed.

Adrian Muteshi who was displaced from his 100 acre land during the post-election violence through lawyer Anthony Libulelah argued that the deputy president has not filed a notice of appeal as alleged because no documents had been provided to prove the same.

The High court in its ruling last year had found Ruto culpable of unlawfully possessing the land that belonged to the IDP and ordered him to pay Muteshi Sh 5 million.

Muteshi submitted that the suit was filed after the required 30 days had lapsed and had also failed to adhere to the stipulated rules of appealing a court verdict.

“The application by the Deputy President should be dismissed as the application to stay the execution of the court judgment has not been properly filed. It has been eight months since the decision was made,” submitted the lawyer.

The Deputy President through Lawyer Kioko Kilukumi moved to court seeking for the suspension of the decision by the High Court that had found him culpable and also ordered him to pay Sh5 million as compensation to Muteshi.

Kilukumi submitted in court that the DP was not found to have committed any fault in the process of transfer, possession, acquisition and ownership of the disputed land.

“The DP will suffer irreparable injury if that amount is paid. The payment will lend credence to perception by the people that the leader was involved in wrong-doing,” said the lawyer.

Kilukumi argued that there was no security of getting back the money from the peasant farmer if the DP’s appeal succeeds and urged the court to stay the execution of the verdict.

He explained that Muteshi would not suffer any prejudice if the conditional stay was granted by the court.

Lawyers yesterday finalized their submission before high court judge Roseline Ougo as the court is set to make a decision on the matter in three weeks time.

Justice Roselyn Ougo in June last year ordered the DP to pay Sh5 million as compensation for unlawfully possessing a 100-acre piece of land in Uasin Gishu district that belonged to Muteshi.

The judge also invalidated all the transaction effected on the land which included sale and transfer of ownership and directed the registrar of land to reinstate the farm's title in Muteshi's name.

Justice Ougo will give her verdict on March 28