A businessman has gone to court seeking to stop his arrest and possible prosecution over a piece of land allegedly sold to him by retired president Daniel Moi.
Mr Sajjad Mohammedali Rashid says he bought the land in question from the retired head of state for Sh7.5 million in 1996.
The deal was struck during a visit to State House, where Mr Rashid was accompanied by another businessman, Mr Mohammed Bawazir, and former presidential aide Joshua Kulei, he said.
It was at this meeting that the retired president is said to have asked Mr Rashid and Mr Bawazir to buy the piece of land that was registered in his name.
The two agreed to make the purchase in the name of their firm, then known as M S Bawazir and Company, the court documents indicate.
According to the businessman, a sale agreement was signed on June 3, 1996, at State House in Nairobi.
On June 25, 1996, Mr Moi is said to have executed the transfer documents.
Ten years later the company sold the property for Sh18 million to another company called Dina Management Limited.
Mr Rashid’s trouble began in January 2011 when he was informed that Mr Mohammed Amin, the deputy director in charge of investigations at the Criminal Investigation Department (CID) headquarters, was looking for him in relation to the piece of land.
As soon as he learnt this, he says, he called the former president and arranged for a meeting.
The businessman says that when they met, the former president assured him that he would withdraw the complaint.
Despite the promise, he told the court, CID officers came to his office and asked him to record a statement over the matter.
The officers also requested him to settle the matter with Mr Moi by offering him extra money in the purchase price for the property, failure to which they will charge him, he said.
Mr Rashid is accusing Mr Moi of using his office to alter the terms of agreement for the sale of property which no longer belongs to him.
On Friday, High Court judge Daniel Musinga gave a temporary order stopping the police from arresting the businessman.
The judge also directed that the case be transferred to the Mombasa courts, given that the land in question is in Mombasa.
The case will be mentioned on June 15 and the temporary order will be in force until then.