Moi family, James Mwangi fight over disputed Sh300m land deal

The family of late President Daniel arap Moi says it did not sell the disputed Sh300 million upmarket 20-acre parcel of land to a company associated with Equity Bank Chief Executive Officer James Mwangi 12 years ago.

While testifying before Justice David Mwangi Mugo of the Environment and Lands Court on Wednesday, Moi's lawyers said that those who sold the land to Mr Mwangi did so fraudulently and are being investigated for obtaining money through pretenses. However, Mr Mwangi disputes this, saying that he received the title for the property located in Muthaiga area personally from the late President Moi at his Kabarnet Gardens home in Nairobi while accompanied by his lawyer. 

The ownership of the upmarket property pits Mr Mwangi’s Muthaiga Luxury Homes Ltd, United States International University (USIU) and Maestro Connections Health Systems Limited in a hotly contested suit.

The estate of the late president, through lawyer Julius Kemboy, has filed a defence and a counter-claim seeking to evict all those on the land, and the parcel vested back to the Moi estate.

Moi's lawyers told Justice Mugo that the late president lodged a complaint at the Lands Office and the Directorate of Criminal Investigations (DCI) saying that his title to the property got lost, then applied to be issued with a fresh one. They also argued that a Gazette Notice was issued asking anybody else staking claim to the property to come forward, but that none did.

In the counterclaim, the Moi estate says that the title deed used to sell the property to Muthaiga Luxury Homes Limited was forged and therefore the transaction is a nullity in law.

'Not aware that Moi complained'

However, when cross-examined by lawyers Kemboy (for Moi) and Maestro Connection lawyers Duncan Okatchi and Senior Counsel Charles Kanjama, Mr Mwangi said he was not aware that Mr Moi had complained about the title to the suit property being lost and a fresh one issued by the Lands Ministry.

He said he was also not aware Moi had picked Mr Sylvester Kaitany as his property manager as his (Mr Mwangi’s) lawyer dealt with Andrew Sunkuli and lawyer Samson Omwanza for the vendor (Moi).

Mr Kemboy told the judge that the Ministry of Lands was informed through a correspondence of Jinaro Kibet that Mr Kaitany had been appointed to be in charge of all the properties of the late president countrywide and to keep their records.

Testimony presented on July 24, 2024, in court states that Mr Moi never sold the land to Muthaiga Luxury Homes Limited.

“I have consulted Mr Moi and says he never sold the Muthaiga property to Mr Mwangi’s company,” Mr Kaitany discloses in his evidence to the court.

The judge heard that the late Moi instructed lawyer Stephen Kipkenda to lodge a complaint at the Lands Office about his lost title to the Muthaiga land.

A new title deed was issued by a Lands Registrar, Mr Francis Orioki.

Mr Okatchi and Mr Kanjama averred that the chief lands registrar denied that she signed the transfer documents vesting the Muthaiga property to Muthaiga Luxury Homes from Moi.

Answering questions from Okatchi, Mr Kanjama and Mr Kemboy, Mr Mwangi said he was not aware “there was a cancellation of the title transferring the land to Muthaiga Luxury Homes Limited.”

‘A forgery’

Moi's lawyers told the court that land officers Betty Atieno, Atienda Charles Morara and Gladys Mwikali stated that the transfer of the disputed land was a forgery.

The four land officers told the DCI officers who interrogated them that the transactions on the suit property were forgeries.

In his evidence, Mr Mwangi said Sh300 million was paid to Moi’s lawyer Samson Omwanza Ombati from Muthaiga’s account held at Equity Bank Limited (EBL) through Ms Kiarie.

Out of that colossal sum, documents tabled in court by Moi's lawyers say the ABC Bank account only received Sh60 million.

The sale agents of the Moi land were investigated by DCI officers for obtaining money from Mr Mwangi through pretenses.

Mr Mwangi said he learned of the dispute about the ownership of the property from the Media when Maestro filed a case seeking to be declared the true owner.

Maestro claims it bought at Sh500 million from Moi as well as USIU.

Dr Mwangi, who is represented by lawyer William Githara, told the judge he did not witness Mr Moi signing the sale agreement after paying 10 percent of the sale price of Sh30 million to his lawyer Samson Omwanza Ombati.

“Throughout the transactions, I never spoke to Moi, including the time I bought the Getrude Property from him at a cost of Sh320 million and a third property which I bought at Sh157 million,” Dr Mwangi testified.

In the case, USIU, Muthaiga and Maestro have sued Mr Moi, the Chief Lands Registrar, the Director of Survey and the Attorney-General as defendants.

Hearing continues

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