Lands ministry, AG back Equity CEO James Mwangi in Sh300m Muthaiga property dispute

The Ministry of Land and the Attorney General On Friday backed the Equity Bank CEO James Mwangi as the owner of the title to a disputed 20-acre parcel of land in Nairobi’s Muthaiga that the estate of the late President Daniel Arap Moi lays ownership.

State Counsel Allan Kamau presented documents to Justice David Mugo showing that Muthaiga Luxury Homes—which Mr Mwangi owns-- holds the original title to the disputed property.

The ownership of the upmarket property pits Mr Mwangi, United States International University (USIU), Maestro Connections Health System and the Moi estate in a hotly contested suit.

Moi's lawyers reckoned in earlier court sessions that Mr Mwangi’s acquisition of the property for Sh300 million was a fraud.

On Friday, Mr Kamau while representing the Chief Lands Registrar and the Attorney General produced documents before court indicating that Muthaiga Luxury Homes holds the original title to the property.

He produced a police investigation report on the sale of the land indicating that the late President had authorized lawyer Samson Omwanza and his sales agent Andrew Sunkuli to sell the upmarket property in 2012.

The police report under land fraud detectives, Abdalla Komesha and Emmanuel Kanyungu followed a complaint by the late President that he lost the title to the property.

President Moi had also applied to the Ministry of Lands to be issued with a fresh provisional title.

The detectives established that Mr Mwangi had the original title and that President Moi used the provisional title to sell the property to Maestro, Mr Kamau told the High Court.

 “When police discovered that my company (Muthaiga) had the original title to the land they should have reported back to the Ministry of Lands not to issue a provisional title to the property,” Mr Mwangi said.

He added that he has the original title and that Mr Moi legally sold the land to him.

Mr Mwangi said he had never seen a caveat placed on the land either before or after he purchased it from Mr Moi.

 “Yes l have the original title to the property and it belongs to me,” Mr Mwangi responded before Justice Mugo.

He was testifying on the third day in the ownership dispute of the Land Reference Number 12422/19 at Muthaiga Nairobi County.

USIU, Muthaiga Luxury Homes and Maestro Connections Health Systems claim they were sold the land by Mr Moi.

Maestro claims it acquired the property for Sh500 million while Muthaiga says it bought from Mr Moi at Sh300m.

Mr Mwangi told the judge that Mr Moi was represented by lawyer Samson Omwanza and his sales agent Andrew Sunkuli.

“Did you have any doubts about the vendor's lawyer (Omwanza) and his sales agent (Sunkuli) during the transaction,” Mr Kamau asked the bank chief.

“No. I believed them they delivered their mandate as instructed by Mr Moi,” Mr Mwangi replied.

He added that in March 2013 he visited Mr Moi at his Kabarent Gardens Home in Nairobi to thank him for selling him the land.

He said during the visit Mr Moi never complained about the deal under Mr Omwanza and Mr Sunkuli, adding that the late president did not raise the alarm about not receiving the Sh300 million.

The AG’s office yesterday produced records showing Mr Omwanza wired the monies he received from Mr Mwangi’s lawyer, Ms Mary Kiarie, to Mr Moi. It added that there is no money trail from Maestro

Lawyers Katwa Kigen for Omwanza said the advocate was instructed by Moi to act for him in the sale of the property and that he deposited the proceeds of the sale to the former president’s account held at Trans-National Bank.

The estate of Moi through lawyer Julius Kemboy maintains that the late President never sold the land to Muthaiga Luxury Homes.