Former Kenyan President, the late Daniel arap Moi.
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Three buyers allege Daniel Moi sold them same land
The High Court will start hearing three consolidated cases involving ownership of prime land in Nairobi that former President Moi reportedly sold to three different entities between 1988 and 2016.
Mr Moi, who died in February, last year, is alleged to have sold the land located in Muthaiga to DPS International Limited in 1988 and thereafter to Muthaiga Luxury Homes Ltd in 2012.
The former president is said to have sold the same property again in 2016 to Maestro Connections Health Systems Ltd.
The court dispute started in 2016 with all purchasers claiming to be the legitimate owners of the property.
But Mr Moi, who was President from 1978 to 2002, had filed a counterclaim denying ever selling the disputed property. He argued he was still the owner of the land that he had acquired in 1982.
In the first case filed by Maestro Connections Health Systems Ltd, the company claims it owns the property having purchased it from former President Moi on January 27, 2016.
The firm argues the property was transferred to it on June 17, 2016. The land is registered as L.R No. 12422/19.
The law firm, Triple OK Law Advocates LLP, is said to have acted for the former President in the sale.
The second case was filed by United States International University (USIU) claiming that the former President was the owner of the disputed land parcel (L. R No. 12422/19) together with another plot registered as L.R No. 12422/18.
USIU says then President Moi had consolidated the two parcels in 1984, which consolidation gave rise to a new registration number L.R No. 12597.
USIU has claimed that President Moi transferred Plot No. 12597 to DPS International Limited on November 18, 1988. It has claimed further that on February 27, 1990, DPS transferred Plot No. 12597 to Insurance Company of East Africa Limited (ICEA). That on May 7, 1999, ICEA transferred the land (L.R No. 12597) to USIU.
Balozi Housing Co-operative Society Limited
USIU argues that in 2001, it subdivided L.R No.12597 into two portions - L.R No.12597/1 and L.R No.12597/2. It later transferred Plot No.12597/1 to Balozi Housing Co-operative Society Limited and retained Plot No.12597/2.
According to USIU, the land in dispute (L.R No.12422/19) is non-existent as the same was amalgamated with L.R No.12422/18 to give rise to L.R No.12597.
This parcel was subsequently subdivided in 2001 to give rise to Plot No.12597/1 and Plot No.12597/2 owned by Balozi and USIU, respectively.
The third case was filed by Muthaiga Luxury Homes Ltd claiming that it purchased the suit property from former President Moi on February 23, 2012. Muthaiga Luxury has claimed that the property was transferred to it on May 2, 2012.
The firm argues it is the registered owner of the land.
Lawyer Omwanza Ombati is said to have acted for President Moi in the sale of the property to Muthaiga Luxury.
Narok politician Andrew Sunkuli acted as an agent of President Moi in the transaction.
However, on his part, President Moi contended he was still the owner of both properties- (L.R. No.12422/19) and No.12422/18- which he had acquired on March 30, 1982.
He denied claims by USIU that he amalgamated the two parcels in 1984 leading to L.R No.12597.
The former President also denied that he sold the alleged consolidated land to DPS International Limited. He further denied selling the property to Maestro and Muthaiga Luxury.
The Chief Land Registrar, Director of Surveys and the Attorney General were joined in the three suits in their official capacities as custodians of survey and land records.
Mr Ombati and Mr Sunkuli also joined the case when the former President in his counter-claim associated them with what he claimed to be a well-orchestrated fraudulent scheme to seize the property from him.
Three files
The claims in each case were set out in a recent ruling by Justice Samuel Okong'o of the Environment and Lands Court. The judge consolidated all the three files and gave directions on the hearing.
The cases seeks to determine the bona fide purchaser of the property from the former President Moi and who holds a valid title.
In consolidating the cases, the judge noted that besides the property in dispute being the same and the parties in the three cases being to a large extent the same, similar witnesses were also expected to be called by the parties.
During the hearing, the plaintiffs -USIU, Muthaiga Luxury and Maestro -will give their evidence, respectively, while administrators of the estate of the late President Moi will give evidence as first defendant.
The Chief Land Registrar, Director of Surveys and the Attorney General will also give evidence as defendants. Other defendants include ICEA Lion Life Assurance Company Limited, Balozi Sacco, Mr Omwanza, Mr Sunkuli and Triple OK Law Advocates LLP.
The parties are expected to agree on the issues for determination within 45 days.
