Ndung’u land report author sucked into USIU-Moi row
What you need to know:
- US-based trader George Kiongera has accused Paul Ndung’u of professional misconduct, for failing to disclose that he was a shareholder in DPS International which is at the centre of the USIU-Moi land dispute.
The lawyer behind the famous Ndung’u report on land grabbing has been sucked into a vicious battle between former President Daniel Arap Moi, the United States International University Africa (USIU-A), Equity Bank boss James Mwangi and US-based businessman over a 30- acre property in Nairobi.
US-based trader George Kiongera has accused Paul Ndung’u of professional misconduct, for failing to disclose that he was a shareholder in DPS International which is at the centre of the dispute. Dr Kiongera has now enjoined Mr Ndung’u in the suit.
The USIU-A claims DPS International bought the land from Mr Moi in 1988, before selling it to ICEA Insurance in 1990. It insists that it bought the land from ICEA in 1999 for Sh90 million.
Dr Kiongera argues that Mr Ndung’u failed to make known his interest in DPS International. The businessman says he bought the land from Mr Moi in June for Sh500 million.
He adds that ownership documents used to sell the property, and which are now in USIU-A’s possession were forged.
Mr Ndung’u represented DPS in the ICEA sale, and acted for ICEA when the USIU-A purchased the land in 1999. The lawyer is yet to respond to the amended suit papers Dr Kiongera filed last week.
“There exists a serious conflict of interest and professional misconduct on the part of Mr Ndung’u who is the advocate who supposedly acted for both vendors. Letters and documents from the registrar of companies clearly show that Mr Ndung’u was a shareholder of DPS International correspondence from DPS offices dated October 1989 even refer to him as a director of DPS International.”
“He has confessed in the media that he never saw former President Moi sign the defective transfer instrument yet he is the one who attested to the execution in his professional capacity as an advocate of the High Court of Kenya,” says Duncan Okatch, Dr Kiongera’s lawyer.
Justice Samson Okong’o has merged the three cases filed by Dr Kiongera -the USIU-A and Equity’s Mr Mwangi.
He will mention the matter on October 26 when all parties are expected to have responded to the various claims made.
The judge has extended an order barring any of the parties from developing the land until he has heard the matter.
Equity’s James Mwangi claims he bought the land from Mr Moi in 2012 for Sh300 million through his firm Muthaiga Luxury Homes . Court papers show that Mr Moi was represented in the transaction by businessman Andrew Sunkuli.
Mr Moi, however, says he only sold the land to Dr Kiongera and is not aware of any other transaction that was carried out in his name.
He wants the USIU-A and Mr Mwangi to show evidence that he ever agreed to sell the land before June this year, and particulars of the individuals who were involved in the 1988 sale to DPS International.
Dr Kiongera wants the chief land registrar compelled to destroy the DPS International title deed.
The suit states that in 1984 Mr Moi surrendered two original certificates and was issued with one certificate of title for the consolidated parcel of land known as LR no 12597.
USIU-A notes that the initial land labelled LR 12422/19 ceased to exist after the consolidation.
The documents show that Moi sold and transferred the disputed property to DPS International limited.
Mr Moi applied for a duplicate title against an ownership record that should have been destroyed when they were consolidated, the court papers says. On September 15, last year, Mr Moi received a new title for 12422 land and sold the property to Dr Kiongera.
USIU-A is accusing Dr George Kiongera’s Maestro Connections Health Systems limited of grabbing its land.
