Mystery deepens on who ordered Moi land sale

The revelations came against the backdrop of former President Moi telling the Lands and Environmental Court that he could not get the basis under which United States International University, Maestro Connections Health Systems Ltd and Muthaiga Luxury Homes were claiming ownership of the land. (Photo: Edward Kiplimo/Standard)

A lawyer who claims to have been instructed by retired President Daniel Moi to sell land in an ownership row has failed to prove his allegations.

Mr Omwanza Ombati, through Omwanza and Nyasimi advocates, has sued to block the Directorate of Criminal Investigation (DCI) from investigating him over claims that he is unable to demonstrate to investigators when Mr Moi gave him the instructions.

The revelation is contained in a replying affidavit by an investigator who had been tasked to carry out investigations concerning the sale of the land off the Thika superhighway, which is being claimed by multiple owners.

Emmanuel Kanyungu said in court papers Mr Ombati was summoned to make a statement last month on whether he had received instructions from the former President to transact the sale of the land on his behalf with Muthaiga Luxury Homes, a firm owned by Equity Bank Chief Executive Office Dr James Mwangi.

According to the investigator, the lawyer only produced a letter dated December 28, 2012, which had no letterhead.

The court papers show Mr Ombati did not have any other document to justify the claim. Curiously, the date indicated in the letter, according to the investigator, indicated it was drafted seven months after the sale transaction was settled.

Provide details

“Then petitioner (Ombati) was not able to demonstrate when he received instructions because the only document he availed was a letter without a letterhead dated December 18, 2012, seven months after the sale was concluded,” said Kanyungu in the affidavit.

Investigations by the DCI revealed Mr Ombati had received Sh225 million from Dr Mwangi’s lawyer, but he allegedly could only account for less than a half of the total amount to the investigators.

Kanyungu said the lawyer allegedly promised to provide the details of the remaining amount within the week, but he allegedly kept on shifting the dates.

It prompted DCI to seek orders from the magistrate’s court to investigate his account at ABC Bank.

Kanyungu said: “After the petitioner left our office, he kept postponing availing the documents.”

He added that the suit by the lawyer was meant to derail investigations.

The revelations came against the backdrop of former President Moi telling the Lands and Environmental Court that he could not get the basis under which United States International University, Maestro Connections Health Systems Ltd and Muthaiga Luxury Homes were claiming ownership of the land.

Through lawyer Fred Ngatia, the retired President asked High Court Judge Samson Okong’o to block them from using the court controversy to carry out development on the land.

“It is important that the court halts any activities on disputed parcel of land until a determination is made. Widen the injunction order to stop the plaintiffs from taking advantage of each other so that nothing happens on the ground until the case is heard and determined,” said Mr Ngatia.

He told the lands court that justice could only be served after all parties were given an opportunity to be heard.