Mr Daniel arap Moi has denied selling a 20.3-acre piece of land in Muthaiga, Nairobi, to businessman George Kiongera.
This adds to the confusion in the already complex battle over the ownership of the property, which is also claimed by the United States International University-Africa and Equity Bank CEO James Mwangi.
However a lawyer who may hold the key to the mystery surrounding the land ownership tussle pitting former President Moi, a university and a businessman, said he saw the former Head of State sign a disputed transfer document.
Mr Paul Ndung’u, a partner at Ndung’u Njoroge and Kwach Advocates, recorded a statement in which he says that in early 1986, he accompanied Mr Arthur Magugu to State House where the contested agreement and transfer by Mr Moi was signed in his presence.
“I recollect that I prepared the agreement transfer in favour of DPS. I needed to carry all documents required for his Excellency’s signature,” Mr Ndungu’s signed statement reads partly.
The lawyer stated that after Mr Moi had been informed of the purpose of their visit, he proceeded to sign the agreement and transfer in “my presence and both documents were handed back to me.”
Mr Moi has since sworn an affidavit claiming the alleged transfer to DPS International was created to defraud him.
Forensic analysts have since declared that the signatures in the alleged transfer document were forgeries.
Mr Ndung’u was also later to be involved in the transfer of the plot between United States International University, who claim to have bought it from ICEA after a title transfer from DPS International.
Dr George Kiongera, the US-based businessman, who is a third claimant, is currently in possession of the plot in Muthaiga North and says he bought it from Mr Moi in July at a cost of Sh500 million.
Mr Moi’s lawyer Jenaro Kibet acted in the transaction with Dr Kiongera’s Maestro Connections Health Systems Ltd which to date is the only agreement which has not been refuted by the former Head of State.
The retired president says he has not sold the land, and that Dr Kiongera, Mr Mwangi and the USIU-A were conned. In fresh filings, Mr Moi has accused Mr Andrew Sunkuli, a brother of his former aide, Mr Julius Sunkuli, and lawyer Samson Omwanza Ombati, of selling the prime land without his consent.
The transfer papers produced in court by Mr Mwangi’s firm, Muthaiga Luxury Homes Ltd, show that he bought the land for Sh300 million in 2012, with Mr Ombati acting on behalf of Mr Moi.
The lawyer and his firm, Omwanza & Nyasimi Company Advocates, are being probed for fraud by the Directorate of Criminal Investigations (DCI) following a complaint by Mr Mwangi’s Muthaiga Luxury Homes.
“Mr Moi, therefore, claims that he is the proprietor of the parcel of land and continues to be in possession thereof as from the date that he purchased the land up to date. Mr Moi disputes having sold the suit property to Mr Mwangi or to any other person to the exclusion of Mr Mwangi or any other person,” Mr Moi’s lawyer Fred Ngatia says.