Moi alleges plot to defraud him of land in posh Muthaiga suburb
Retired President Daniel Toroitich arap Moi has alleged a plot to defraud him of his two parcels of land in Muthaiga, Nairobi, that are claimed by others.
Mr Moi said the alleged transfer was created by Mr Paul Ndiritu Ndung’u and the firm of Ndung’u Njoroge & Kwach Advocates. He denied ever entering into a sale agreement to transfer ownership of the plots.
Mr Moi has, in court papers filed at the High Court on Thursday, said the deed that allegedly transferred the two parcels of land to DPS International Ltd was not made by him.
“A witness to Mr Moi’s signature, namely Mr Paul Ndiritu Ndung’u Advocate, has publicly acknowledged that he never witnessed Mr Moi append his signature on the purported transfer,” said lawyer Fred Ngatia for Mr Moi.
The alleged transfer in favour of DPS was drawn by the firm of Ndung’u Njoroge & Kwach Advocates and allegedly witnessed by Mr Ndung’u.
“Accordingly, the title did not pass in law from Mr Moi to DPS International Ltd,” said Mr Ngatia.
He further said DPS International Ltd, therefore, had no title capable of transmission to the Insurance Company of East Africa (ICEA) Ltd and that, arising from this fact, ICEA acquired no title to Mr Moi’s parcels of land.
It is alleged that it is ICEA which, in turn, sold the land to the United States International University-Africa (USIU).
The university, which is also claiming ownership of the land, had argued that the land claimed by Mr Moi ceased to exist in 1984, when it was consolidated and amalgamated with another parcel of land to give rise to the consolidated land parcel.
Mr Moi has, however, stated in court papers that he never authorised consolidation of the two parcels of land and has also refuted the claim by USIU that the two parcels of land ceased to exist in 1984.
“It is incomprehensible how a definable parcel of land can be alleged to cease to be in physical existence due to an event which is imaginary,” added Mr Ngatia. “Mr Moi puts USIU to strict proof of this incomprehensible hypothesis.”
Mr Moi maintained that Joreth Ltd was the initial registered proprietor of the land, measuring about 294.8 hectares. Joreth Ltd then sub-divided the land and sold to him two of the portions, measuring about 8.223 Ha and 8.071 Ha.
He paid the purchase price of Sh600,000 for the land and the transfer was duly registered on March 30, 1982, he added.
Mr Moi said he is the rightful owner and only registered proprietor of the property and has not transferred the same to any person, and that those claiming his land are interlopers and pretenders.