Fresh twist as Equity boss joins Moi city land dispute

What you need to know:

  • The land in upmarket Muthaiga North is also claimed by United States International University – Africa and private developer George Kiongera.
  • Mr Mwangi said he paid Mr Moi Sh300 million for the same land in 2012.
  • The university says it acquired the land for Sh90 million from Insurance Company of East Africa in 1999.
  • Mr Mwangi wants USIU-A and Maestro Connections Health Systems Ltd kicked out of the property saying he bought on February 23, 2012.
  • On Tuesday, the court extended interim orders that had halted any development on the site pending determination of the case.

Equity Bank chief executive James Mwangi on Tuesday laid claim to a prime piece of land associated with former President Daniel arap Moi. He is now the third claimant.

The land in upmarket Muthaiga North is also claimed by United States International University–Africa and private developer George Kiongera. The latter says he paid the former President Sh500 million for the property in June.

Mr Mwangi said he paid Mr Moi Sh300 million for the same land in 2012.
The Equity boss listed the university as a defendant alongside Maestro Connections Health Systems owned by Dr Kiongera, the former President, chief lands registrar director survey and the attorney-general.

The university says it acquired the land for Sh90 million from Insurance Company of East Africa in 1999.

Mr Mwangi now wants USIU-A and Maestro Connections Health Systems Ltd kicked out of the property saying he bought the land through his company Muthaiga Luxury Homes Ltd, on February 23, 2012.

On Tuesday, the court extended interim orders that had halted any development on the site pending determination of the case.

“Prior to the purchase, the plaintiff conducted an official search on the property at the central land registry, Nairobi, and ascertained that the same was owned by the former President of Kenya, now retired,” according to plaint filed by Mr Mwangi at the Lands court in Nairobi.

PAYING LAND RATES

It states that after he bought the property and paid stamp duty it was dully transferred and registered in his favour.

Mr Mwangi avers that he has been paying land rates to the Nairobi County government ever since, but in July was shocked to learn through press reports that USIU and Maestro Connections Health Systems limited, “were each laying claim to the suit property.”

A lawyer, Ms Mary Wangui Kiarie, in a supporting affidavit said: “I accompanied Andrew Sunkuli and Mr Omwanza to Moi’s home at Kabarnet Gardens.

Mr Moi received us and after introductions and exchange of pleasantries over tea, he confirmed that he was willing to sell the property to Mr James Mwangi who he identified as a close friend to one of his sons.”

Dr Kiongera says he bought the property from Mr Moi at Sh500 million in June.

USIU identifies its property as LR 12597/2 adding it was an amalgamation of two pieces of land LR 12422/18 and 12422/19, which were previously owned by the former president.

EXTINGUISHED PROPERTY RIGHTS

The institution says it acquired the LR 12597 after successive transfers between different parties where upon acquiring LR 12597 it subdivided the same into LR 12597/1 and LR 12597/2, apportion of which includes Mr Mwangi’s held under LR 12422/19 which Mr Moi sold him.

Dr Kiongera claims LR 12422/19 by virtue of purchase from Mr Moi in June on the strength of a provisional certificate of title issued to the former President in September 2015 after the original certificate of title was lost.”

Mr Mwangi , claims that both USIU and Dr Kiongera’s titles are “fraudulent, irregular and illegal as no document of surrender of title was properly executed and registered by Mr Moi who was supposed to have extinguished the property rights created under LR 12422/19 to allow the said amalgamation of LR 12422/18 and 12422/19 into LR 12597.”

“The certificate of title for LR 12422/19 was in any event never physically surrendered to the chief lands registrar and cancelled as is customary as it remained in the possession of the third defendant until it was formally transferred to Muthaiga Luxury homes on May 2 2012,” Mr Mwangi states in an affidavit.

On Tuesday, parties in the former suit were served with the new details. The court was told that Mr Moi has enlisted lawyer Fred Ngatia to defend him in the suit. USIU lawyer Paul Muite was represented by Mr James Thuku who requested for time to peruse the new claim.

The matter returns to court in October for directions.