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Lawyer says he saw Moi sign papers transferring disputed city land

A lawyer who may hold the key to the mystery surrounding the land ownership tussle pitting former President Moi, a university and a businessman, said he saw the former head of State sign a disputed transfer document.

Mr Paul Ndung’u, a partner at Ndung’u Njoroge and Kwach Advocates, recorded a statement in which he says that in early 1986, he accompanied Mr Arthur Magugu to State House, where the contested agreement and transfer by Mr Moi was signed in his presence.

“I recollect that I prepared the agreement transfer in favour of DPS. I needed to carry all documents required for his Excellency’s signature,” Mr Ndungu’s signed statement reads partly.

The lawyer stated that after Mr Moi had been informed of the purpose of their visit, he proceeded to sign the agreement and transfer in “my presence and both documents were handed back to me.”

Mr Moi has since sworn an affidavit claiming the alleged transfer to DPS International was created to defraud him.


Forensic analysts have since declared that the signatures in the alleged transfer document were forgeries.

Mr Ndung’u was also later to be involved in the transfer of the plot between United States International University, who claim to have bought it from ICEA after a title transfer from DPS International.

Dr George Kiongera, the US-based businessman who is a third claimant, is currently in possession of the plot in Muthaiga North and says he bought it from Mr Moi in July at a cost of Sh500 million.

Mr Moi’s lawyer Jenaro Kibet acted in the transaction with Dr Kiongera’s Maestro Connections Health Systems Ltd which to date is the only agreement that has not been refuted by the former president.

A notice of withdrawal of a suit against Mr Ndung’u and Ndung’u Njoroge and Kwach Advocates expunging them from proceedings pitting Dr Kiongera and USIU has been filed at the High Court. This means they will no longer respond as defendants.

The case will be heard on December 13.