- The ownership dispute pits United States International University (USIU), Muthaiga Luxury Homes and Maestro Connections Health Systems.
- Mwangi said he had never seen a caveat placed on the land either before or after he purchased it from Moi.
Image: DOUGLAS OKIDDY
A company associated with Equity Bank Limited CEO James Mwangi holds the original title to the Sh300 million 20-acre parcel of land in Muthaiga Nairobi, the Attorney General's office told High Court on Friday.
Dr Mwangi told court the late former President Daniel Moi sold the land to Muthaiga Luxury Homes then personally transferred its title .
Lands Registrar told court the Equity Bank boss is the true owner of the disputed land in Muthaiga.
While cross-examining Mwangi, state Counsel from the AG's office, Allan Kamau, presented documents to Justice Mugo showing that Muthaiga Luxury Homes holds the original title to the property, whose ownership is in dispute.
Leading the bank executive through the documentary evidence, Kamau demonstrated to court that the late President Moi transferred the land to Muthaiga Luxury Homes after completion of the sale transaction of Sh300 million.
Kamau produced a police investigation report on the sale of the land which showed that the late President had authorised lawyer Samson Omwanza Ombati and his sale agent, Andrew Sunkuli, to sell the upmarket property in 2012.
Kamau, who is representing the Chief Lands Registrar and the Attorney General, referred Justice Mugo and Dr Mwangi to a police report by land fraud detectives and Abdalla Komesha and Emmanuel Kanyungu showing that Muthaiga Luxury Homes had the original title.
Komesha and Kanyungu had investigated a complaint by the late President that the title to the property got lost.
He had also applied to the Ministry of Lands to be issued with a fresh title.
The AG told the judge a provisional title was prepared.
“When police discovered that my company (Muthaiga Luxury Homes) had the original title to the land they should have reported back to the Ministry of Lands not to issue a provisional title to the property,” Dr Mwangi said.
He added that he has the original title and that Moi legally sold the land to him.
Mwangi said he had never seen a caveat placed on the land either before or after he purchased it from Moi.
“As far as you are concerned you have the original title to the property?” Kamau asked Dr Mwangi.
“Yes l have the original title to the property and it belongs to me,” Dr Mwangi responded.
He was testifying on the third day in the ownership dispute of the Land Reference Number 12422/19 at Muthaiga Nairobi county.
The ownership dispute pits United States International University (USIU), Muthaiga Luxury Homes and Maestro Connections Health Systems.
Each of the three companies claim they were sold the land by Moi.
Maestro claims it was sold the property at a cost of Sh500 million while Muthaiga says it bought from Moi at a consideration of Sh300m.