Court allows USIU to file fresh evidence in land case linking Moi

United States International University-Africa students protest along Thika Road on July 13, 2016 over alleged land grabbing. PHOTO | MARTIN MUKANGU | NATION MEDIA GROUP

What you need to know:

  • Mr Justice Samson Okong’o allowed a request by USIU’s lawyer Mohammed Nyaoga to “amend its plaint due to new issues that have come to its knowledge.”
  • Lawyer Fred Ngatia for Mr Moi and a state counsel Njoroge Kamau did not object to the application by USIU to put in fresh evidence.

The United States International University-Africa (USIU) which is battling over the ownership of a parcel of land with retired President Daniel arap Moi, a bank executive and a US-based businessman has been allowed to file fresh evidence and amend its case.

Mr Justice Samson Okong’o allowed a request by USIU’s lawyer Mohammed Nyaoga to “amend its plaint due to new issues that have come to its knowledge.”

Mr Nyaoga told the judge: “I know the parties want the matter resolved expeditiously but I urge we be allowed to amend our plaint to capture the new issues.”
Mr Nyaoga said he will take the shortest time possible to amend its pleadings then serve all the other parties.

Lawyer Fred Ngatia for Mr Moi and a state counsel Njoroge Kamau did not object to the application by USIU to put in fresh evidence.

Justice Okong’o ordered Mr Nyaoga to file the amended plaint within 14 days then serve all the other parties involved in the case.

The dispute pits Mr Moi, USIU, a US based businessman Dr George Kiongera through his company-Maestro Connections Health Systems and a company owned by the Equity Bank CEO James Mwangi.

Mr Moi has disowned an alleged transaction with Muthaiga Luxury Homes, associated with Equity Bank CEO James Mwangi and USIU-Africa, telling the court that he did not sell the land until mid-last year when he transferred it to Dr Kiongera for Sh500 million.

His lawyers stated that the only legitimate sale was between Mr Moi and Maestro Connections Health Systems, fronted by Dr Kiongera.

Muthaiga Luxury Homes says it bought the land from Mr Moi at a consideration of Sh300 million and is also claiming to be the legitimate owner.

Justice Okong’o allowed the prayer by Mr Nyaoga and directed all the other parties involved to respond to the new issues which shall be raised by USIU within seven days.

Justice Okong’o directed the case be mentioned on February16, for further directions.