Court of Appeal judge Mr A. B. Shah, who is also the counsel reMr Justice Alnashir Visram said he could not continue sitting on the three-judge bench because retired presenting Moi High School Kabarak board of governors, an interested party in the Moi case, was involved in another suit against him. Phtoo|FILE NATION MEDIA GROUP

Mr Justice Alnasir Visram, who was hearing a Court of Appeal case filed by retired President Daniel Moi over a 100-acre piece of land, has withdrawn from the suit.
Consequently a new bench will be constituted and the case heard in March 2013.

In removing himself from hearing the case pitting the former President and Mr Malcom Bell, a rancher, Judge Visram cited conflict of interest.
He was serving in the same bench as Mr Justice Erastus Githinji and Lady Justice Wanjiru Karanja.
Judge Visram said he could not continue sitting on the three-judge bench because retired Court of Appeal judge Mr A. B. Shah, who is also the counsel representing Moi High School Kabarak board of governors, an interested party in the Moi case, was involved in another suit against him.
Mr Shah asked the judges to set an early date for the hearing noting that Mr Bell was threatening to evict the school from the contested piece of land.
“There is a sense of urgency as the respondent (Mr Bell) has already threatened to evict us,” agreed Mr Moi’s lawyer Juma Kiplenge.
However Mr Bell’s lawyer, Mr Kahiga Waitindi denied the claims.
Lady Justices Martha Koome and Hannah Okwengu ordered Mr Moi to surrender the Kabarak land within 60 days or face eviction.