Details of how the 40-acre prime property near the affluent suburb of Muthaiga changed hands from Joreth Limited to Mr Moi on March 30, 1982, and ended up with Dr Kiongera is a complex but fascinating story.
Former President Daniel arap Moi has insisted he did not sell a 20.3-acre piece of land in Muthaiga, Nairobi, to businessman George Kiongera.
However it appears the former president sold the piece of land in a posh Nairobi suburb to two different buyers, according to records provided by United States International University-Africa.
He first transferred the property in Muthaiga North estate to DPS International Limited on November 10, 1988, while he was still President.
Then in 2015, he reported the title deed was lost and the land file was missing. He applied for it and was issued with a fresh title deed and in 2016 he used the fresh title deed to sell the land to a developer for Sh500 million.
This adds to the confusion in the already complex battle over the ownership of the property, which is claimed by the United States International University-Africa and also Equity Bank CEO James Mwangi.
The retired president says he has not sold the land, and that Dr Kiongera, Mr Mwangi and the USIU-A were conned.
Mr Mwangi’s firm, Muthaiga Luxury Homes Ltd, in court papers shows that he bought the land for Sh300 million in 2012, with Mr Ombati acting on behalf of Mr Moi.
Joreth Ltd was at the time owned by former head of Public Service Duncan Ndegwa.
The land ended up in the possession of yet another Ndegwa, Philip, through his insurance company, ICEA, which later sold the land to USIU-A, according to the university.
Nine months after Mr Moi reported the title missing, the Registrar of Titles issued a new certificate of ownership on September 17 2015, saying it would be valid in place of the lost one. This is the document that Dr Kiongera relied on when he bought the property.
The Gazette notice said Mr Moi was the registered owner of the land LR No 12422/19 that “by virtue of a certificate of title registered as I.R. 36415/1, and whereas the land register in respect thereof is lost or destroyed, and whereas efforts made to locate the said land register have failed.”
The notice added: “Notice is given that after the expiration of 60 days from the date hereof, the property register shall be reconstructed under the provisions of section 33 (5) of the Act, provided that no objection has been received within that period.”
However, USIU-A produced what it says are records going back 34 years to prove ownership of the land.
While Dr Kiongera maintains that his purchase is above board, the university’s records show the former President last owned the property 28 years ago.
The new buyer said: “I pity the university because it is innocent. I blame the legal officer who transacted on behalf of USIU-A. I really sympathise with USIU. I have presented my case, let now USIU give their side.”
Mr Mwangi says in suit papers filed in court that he bought the 20-acre plot from Mr Moi in February 2012 for Sh300 million, after confirming that the former President legitimately owned it.
Dr Kiongera says he bought the land from Mr Moi in 2016, for Sh500 million through OOOK Law.
Meanwhile, USIU-A says it bought the land from ICEA in 1998. The university says it has a paper trail showing that DPS International bought the land from Mr Moi in 1988, before selling it to ICEA Insurance in 1990. It insists it bought the land from ICEA in 1999 for Sh90 million.