I didn't see Moi sign land papers, Ndung’u now says

Former President Daniel arap Moi is claiming a portion of Balozi Estate in Nairobi’s Muthaiga North area in what is shaping up to be a big and baffling land battle.

And the man who is on record as having witnessed the former President’s signature in the purported transfer of the land to DPS International 28 years ago is none other than Paul Nderitu Ndung’u, author of the famous Ndung’u Report on land grabbing.

Then a lawyer at Hamilton, Harrison and Mathews, Mr Ndung’u witnessed Mr Moi’s signature in the sale of the property to DPS, a company in which Mr Ndung’u, interestingly, was a director.

The former President now disowns the transaction, saying he never sold the land to anyone until last month, when he transferred it to a US-based Kenyan George Kiongera for Sh500 million.

DPS sold the property to Insurance Company of East Africa (ICEA), which subsequently sold it to the United States International University-Africa (USIU-A).

USIU-A then swapped a 10-acre portion with Balozi Estate, and it is that portion that Mr Moi is likely to claim.

The Nation on Sunday established that DPS was incorporated in 1982 and its shareholders were Mr Ndung’u, Michael Lewis and a limited company, Solel Boneh.

Hamilton, Harrison and Mathews purportedly represented DPS in the November 18, 1988 transaction that is presumed to have changed the ownership of the piece of land from Mr Moi.

Mr Ndung’u and Mr Lewis were both lawyers in the renowned law firm at the time. Mr Lewis died in March this year while Mr Ndung’u is a partner at Ndung’u Njoroge and Kwach Advocates, the firm that represented USIU-A in the ownership dispute last month.

USIU-A further claims that DPS then sold the land to ICEA in February 1999, and three months later, the university acquired it for Sh90 million.

But Mr Moi says he has never dealt with DPS and therefore, the transactions, including the acquisition of 20 acres by USIU-A, are fraudulent.

As for witnessing the retired President’s signature, Mr Ndung’u on Sunday said he actually never saw Mr Moi appending his signature on the papers and that the documents were brought to him by former Finance minister Arthur Magugu already signed.

Mr Ndung’u had initially denied any association with the company, but after prodding by the Nation he said he “may” have been a “trustee shareholder”.

LANDS TASK FORCE

However, he said, he could not remember the name of the beneficiary he represented.

“That is definitely what I think because I can’t remember having an interest in a company with that name,” recalled Mr Ndung’u. “The matter was handled by the firm that I left, HHM (Hamilton, Harrison and Mathews), and obviously I didn’t carry the files with me.

“They probably can give the correct picture. The situation I’m trying to avoid is inaccuracies and you mess me up.”

Mr Ndung’u rose to fame in 2003 when he headed the commission that investigated irregular and illegal acquisitions of land in Kenya between 1963 and 2002.

His team uncovered more than 200,000 illegal or irregular title deeds created and registered during the time.

According to Mr Ndung’u, Mr Moi acquired two pieces of land in the Muthaiga North neighbourhood in 1982 from Joreth Ltd at a cost of Sh600,000.

The parcels, measuring about 40 acres, were identified as LR 12422/18 and LR 12422/19, and Mr Moi was given title deeds for them.

Mr Ndung’u further says Mr Moi surrendered the two documents to the government on March 26, 1984, so that the two plots could be consolidated and a single title deed issued.

USIU-A has claimed the amalgamated plot as its own.

According to lawyers for the former President, however, the amalgamation never took place and, therefore, besides plot 12422/19, which is being contested, Mr Moi still owns 12422/18.

This, therefore, means the former President also claims ownership of part of the land where the affluent Balozi Estate is built after it “acquired” it from USIU-A.

The Nation obtained from one of the former President’s lawyers a search document to support the claim. The search, dated June 2016, showed 12422/18 still exists at the Registrar of Land and is registered as Mr Moi’s.

COURT CASE

But according to Mr Ndung’u, the titles bearing number 12422 should have been destroyed a long time ago because, he maintains, the amalgamation took place.

Meanwhile, Mr Ndung’u is involved in another land matter with the family of Mr Magugu, who he said was the former President’s handyman in the Muthaiga North land transactions.

Mr Ndung’u said Mr Magugu sold a piece of land to DPS but the former Finance minister’s wife, Margaret Wairimu Magugu, said they never sold the land to anyone.

The parcel is now also claimed by USIU-A. The Chief Registrar of Lands said Mrs Magugu also has a pending case against a company named Karura Investments over the ownership of the land.

Mr Ndung’u said he would move to court on behalf of USIU-A this week, adding that there is no way Mr Moi could be in possession of a title deed for the pieces of land he claims on Thika Road.