Former president Daniel arap Moi. PHOTO | FILE
Summary
- A lawyer who allegedly represented retired President Daniel arap Moi in a land sale deal that is the subject of court cases is under investigation for fraud.
- Mr Omwanza Ombati through his lawyer Edward Oonge Tuesday accused the Director of Public Prosecutions (DPP) of purporting to investigate his bank account over alleged fraud
- It is alleged that Mr Moi had sold the prime land in Nairobi through lawyer Ombati to Muthaiga Luxury Homes Ltd in 2012.
A lawyer who allegedly represented
retired President Daniel arap Moi in a land sale deal that is the
subject of court cases is under investigation for fraud.
Mr
Omwanza Ombati through his lawyer Edward Oonge Tuesday accused the
Director of Public Prosecutions (DPP) of purporting to investigate his
bank account over alleged fraud yet neither Mr Moi, nor Muthaiga Luxury
Homes Ltd, a company affiliated to Equity Bank boss James Mwangi, have filed a complaint with the police alleging fraud.
“Mr
Ombati acted for retired president Moi, who has not complained. The
person who bought the land, has also not complained of any fraud, and
the complainant still remains a puzzle to us,” lawyer Oonge told High
Court judge John Mativo Tuesday.
It is alleged that Mr Moi had sold the prime land in Nairobi through lawyer Ombati to Muthaiga Luxury Homes Ltd in 2012.
The retired president has in a separate case disowned the alleged sale.
United
States International University Africa (USIU-A), and US-based
businessman George Kiongera, through his company Maestro Connections
Health Systems Ltd, have also laid claim to the land alleging they
bought it.
The investigating officer Mr Emmanuel
Kanyungu has in court papers stated that on July 17, 2016 the police
received a petition from the Vice Chancellor, USIU-A requesting the
Inspector General of Police to commence investigations into a parcel of
land it had bought, which had been grabbed.
Non-disclosure
Lawyer
Oonge said that the court papers by the investigating officer show that
the orders initially obtained by the DPP before a magistrate’s court to
investigate the account were obtained through non-disclosure, as the
complainant was a different party.
The lawyer said that
Mr Ombati had previously recorded a statement with the police and that
he is willing to cooperate and assist the police with the information
they need.
He said the DPP is seeking to investigate
bank transactions spanning a long period, which have nothing to do with
the issues being investigated. He wants the DPP to be specific on
particular account details sought.
Mr Kanyungu has, in
court papers, claimed that Mr Ombati had been summoned to explain
whether he had received instructions on behalf of Mr Moi to sell the
land to Muthaiga Luxury Homes Ltd, but he was not able to prove.
“Mr
Ombati was not able to demonstrate when he received instructions
because the only document he availed was a letter without a letter head,
dated December 18, 2012, seven months after the sale was concluded,” Mr
Kanyungu said in court papers.
The investigating
officer has in court papers also claimed that Mr Ombati was only able to
disclose less than half of the disbursement of the purchase price to
the investigation officers and when asked about the remaining, he
promised to avail the details, but became evasive prompting the
investigation officer to obtain orders to investigate his bank account.
Hearing resumes on May 22.
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