DISPUTE OVER MUTHAIGA LAND TITLE: EQUITY BANK CEO’S FIRM CLAIMS OWNERSHIP AMIDST LEGAL CHALLENGE
According to the Office of the Attorney-General, a firm connected to Equity Bank Limited chief executive James Mwangi has the original title for the Sh300 million 20-acre parcel of land in Muthaiga, Nairobi. The office says that the late former President Daniel Moi sold the land to Muthaiga Luxury Homes before the title was transferred personally by him. The property has since been claimed legally by Mwangi.
In the cross-examination, State Counsel Allan Kamau presented to Justice David Mwangi Mugo documents indicating that Muthaiga Luxury Homes has the original title to the disputed property. Kamau adduced evidence that late President Moi, upon completion of the sale transaction, transferred the land to Muthaiga Luxury Homes.
He introduced an investigation report from the police, which had documented the sale of land, authorizing President Moi to sell his property through his lawyer, Samson Omwanza Ombati, and his selling agent, Andrew Sunkuli, in 2012.
He also alluded to another police report from Land Fraud Detectives Abdalla Komesha and Emmanuel Kanyungu. This report confirmed that, indeed, the original title was held by Muthaiga Luxury Homes and that Moi had declared the title lost and then wrote to the Ministry of Lands to replacement.
In his testimony on the third day of hearings in the ownership dispute over Land Reference Number 12422/19 in Muthaiga, Nairobi County, Dr. Mwangi said that if the police found out that Muthaiga Luxury Homes had the original title, they were supposed to write to the Ministry of Lands instead of going ahead to issue a provisional title. According to Mwangi, he has the original title and Moi legally sold the land to him. He said that he has never, before or after the sale, seen a caveat placed on the land.
Kamau then asked him about the original title, and he answered, “Yes, I have the original title to the property, and it belongs to me.” Row over ownership pits USIU against Muthaiga Luxury Homes and Maestro Connections Health Systems; all argue that they bought the land from Moi. Maestro claims to have purchased at Sh500 million while Muthaiga Luxury Homes has claimed to have obtained it at Sh300 million.
