Lawyer named in Moi land sale wants to be removed from case
What you need to know:
- Paul Nderitu Ndung’u has applied for expunging of his name from the trial, saying it’s aimed at embarrassing him.
- Dr Kiongera has accused Mr Ndung’u of professional misconduct for failing to disclose that he was a shareholder in DPS International, which is at the centre of the dispute. He enjoined Mr Ndung’u in the suit.
A lawyer who was allegedly involved in the transfer of the Sh500 million disputed land pitting former president Daniel arap Moi, a university, Equity Bank boss James Mwangi and a US based businessman now wants to be delinked from the court battle.
Mr Paul Nderitu Ndung’u has applied to have his name expunged from the trial, saying that it is aimed at embarrassing and scandalising him as well as diverting the court’s attention from determining the rightful owner of the property.
The 30- acre property in Nairobi, initially owned by Mr Moi, is claimed by Mr Mwangi, United States International University Africa (USIU-A) and US-based businessman George Kiongera.
Dr Kiongera has accused Mr Ndung’u of professional misconduct for failing to disclose that he was a shareholder in DPS International, which is at the centre of the dispute. He enjoined Mr Ndung’u in the suit.
The USIU-A claims DPS International bought the land from Mr Moi in 1988, before selling it to ICEA Insurance in 1990. The university insists that it bought the land from ICEA in 1999 for Sh90 million.
Dr Kiongera argues that Mr Ndung’u failed to make known his interest in DPS International. The businessman says he bought the land from Mr Moi in June for Sh500 million.
He adds that ownership documents used to sell the property, and which are now in USIU-A’s possession, were forged.
Mr Ndung’u was behind the famous Ndung’u report on land grabbing, represented DPS in the ICEA sale, and acted for ICEA when the USIU-A bought the land in 1999.
Through lawyer Paul Muite, Mr Ndung’u is asking the court to determine if he is properly enjoined in the case by Dr Kiongera’s Maestro Health Connections in an amended plaint filed in court on September 26.
“I have never had any dealings with the plaintiff company either as an advocate or in my individual capacity, I only heard about this company in July when it was involved in a dispute with USIU,” Mr Ndung’u says in an affidavit.
The lawyer says that he and his firm have never owned or claimed ownership of the parcels of land known as LR No 12422/18 or 12422/19 or 12597/2 all mentioned in the amended plaint.
“I and my firm have been unfairly enjoined in these proceedings, it is confounding that the amended plaint has not stated any breach of law,” the lawyer says. He adds that it was unjust to drag advocates and their firms into court battles “on account of their legal work and without any justification.”
Mr Moi says he sold the prime piece of land in upmarket Muthaiga North Estate to Mr Kiongera in June at Sh500 million.
USIU-A is also laying claim to the land, saying it acquired it from the Insurance Company of East Africa on May 4, 1999.
Mr Mwangi claims he paid Mr Moi Sh300 million for the same piece of land in 2012.
On Wednesday, Justice Samson Okong’o set December 13 for direction on whether Mr Ndung’u’s name will be delinked from the proceeding or not.
