City lawyer seeks to present evidence against Moi in USIU land dispute
A lawyer whom former president Daniel arap Moi has denied instructing him to sell a Sh300 million parcel of land being claimed by a bank chief executive, a businessman and a university is seeking to be enjoined in the ownership dispute to explain the true position.
Samson Omwanza Ombati and businessman Andrew Sunkuli asked Justice Samson Okong’o to allow them present evidence regarding the instructions they received from Mr Moi to sell the land.
Mr Omwanza and Mr Sunkuli , a director of a company in which Mr Moi has interests, says they were instructed by the former head of State to sell the land measuring 1.060 hectares within Nairobi.
CERTIFICATE OF URGENCY
Mr Omwanza and Mr Sunkuli state in the application filed under a certificate of urgency by lawyer Katwa Kigen that they processed the sale and passed on the proceeds to Mr Moi — which he has since denied.
The ownership dispute of the land pits Muthaiga Luxury Homes Limited, a company associated with the Equity Bank chief executive James Mwangi, the United States International University Africa and Maestro Connnections Health Systems Limited and Mr Moi.
In the counter-claim filed by Mr Moi through his advocate Fred Ngatia, the former President states that the two (Mr Omwanza and Mr Sunkuli) are strangers to him and that he did not instruct them to sell the land in dispute.
Mr Moi says Mr Omwanza was questioned by police in relation to the said instructions but he “was unable to present any such instructions”.
Mr Moi says he did not authorize Mr Omwanza to act on his behalf in any sale of the land.
Mr Katwa is seeking the courts leave “to avail to the court what Omwanza and Sunkuli know towards resolving the issues in dispute”.
SCAPEGOAT
The two allege that the defence by the retired head of State “is the typical scapegoat and apportions blame on everyone else except himself”.
Mr Omwanza and Mr Sunkuli say they will demonstrate that Mr Moi intended to sell land in dispute to Muthaiga Luxury Homes Limited.
The two state: “It is not a common occurence for any one to walk to Mr Moi’s homes without appointment, have a meeting to discuss the sale of the specific parcel of land and thereafter hand over title and completion of documents including a copy of his (Moi) identity card, a copy of his PIN certficate and three coloured passport photographs and sign conveyance documents and proceed to transact the matter.”
Mr Justice Okong’o directed Mr Katwa to serve all the parties in the case with this application and return to court January 18, 2017 for further directions.
Mr Moi is asking the court to revert back the land to him.
