What you need to know:
- The police report says the findings are based on technology and other skills used to determine forgeries.
- Through his lawyers, the former President said he sold the prime piece of land in upmarket Muthaiga North estate for Sh500 million to US-based businessman George Kiongera in June.
Documents used in the sale of former President Daniel arap Moi’s land in a deal that has sparked a dispute with United States International University-Africa (USIU-A) were forged, according to police.
After examining a series of signatures on a number of documents, all purportedly drawn by the former President, forensic detectives at the Directorate of Criminal Investigations said: “In our opinion, the signatures have not been made by the same author.”
In making the comparisons, detectives relied on known and purported signatures of the former Head of State.
Through his lawyers, the former President said he sold the prime piece of land in upmarket Muthaiga North estate for Sh500 million to US-based businessman George Kiongera in June.
USIU-A is also laying claim to the land, saying it acquired the same for Sh90 million from the Insurance Company of East Africa on May 4, 1999.
Equity Bank Chief Executive Officer James Mwangi claimed he paid Mr Moi Sh300 million for the same piece of land in 2012.
The police findings are based on documents used in a 1988 transaction in which the 30-acre land is purported to have changed ownership from the former President to DPS International, which then pocketed Sh17 million and surrendered it to ICEA on February 26, 1990.
The police report says the findings are based on technology and other skills used to determine forgeries.
It says: “Our considerations in arriving at our opinion are based on the peculiar characteristics in signatures which provided with forensic evidence of different and common authorship, there are mainly similarities and dissimilarities.”
The report adds that the detectives examined “freedom of pen movement, ink spread, relative proportions of characters, baseline alignment, initial and terminal strokes, speed of pen, pen lifts, curves and loop characteristics and the general comparative resemblance.”
The report, seen by the Sunday Nation, was signed by four officers including the forensic document examination Superintendent John Muinde.
Others are Inspectors Bernard Cheruyoit, Vincent Chelongo and Susan Wambugu.
Besides the former President’s signature, the detectives also examined those belonging to former Finance minister in Moi’s government at the time Arthur Magugu and his wife Margaret Wairimu Magugu.
The three are alleged to have sold the land together.
Concerning Mr Magugu’s signatures, the detectives said: “In our opinion, the signatures have been made by the same author.”
Regarding Mrs Magugu’s, the report noted: “In our opinion, the signatures have not been made by the same author.”
A civil case of the land tussle is due to be heard in court this week even as police continue with investigations.
The criminal angle is being pursued by Land Fraud Investigations Unit, under the DCI.
Head of the unit, Abdallah Komesha, has since said his officers are investigating fraud.
In the civil case, Ndungu Njoroge & Kwach Advocates, the law firm that represented USIU-A through Paul Muite, has since been replaced by Nyachae and Ashitiva through a notice.
Kithure Kindiki & Associates, for Mr Kiongera, has on the other hand sought to enjoin Mr Paul Nderitu Ndung’u of Ndungu Njoroge & Kwach, as defendants.
Mr Ndung’u was a shareholder of DPS alongside Michael Lewis Somen and Israeli construction firm Solel Boneh.