Lawyer in Moi, USIU land feud against probe

The Star (Kenya) - - News - JILLO KADIDA @jka­dida

A lawyer at the cen­tre of the land trans­ac­tion pit­ting re­tired Pres­i­dent Daniel Moi against USIU is fight­ing to block po­lice from in­ves­ti­gat­ing his bank ac­count.

Lawyer Omwanza Om­bati al­legedly acted for Moi in the sale, which in­volved Eq­uity Bank CEO James Mwangi. Po­lice say Om­bati re­ceived Sh255 mil­lion from an ad­vo­cate act­ing for Muthaiga Lux­ury Homes Ltd (associated with Mwangi). In­ves­ti­ga­tions also es­tab­lished that Moi had al­legedly sold the same prop­erty to Mae­stro-Con­nec­tions Health Sys­tems for Sh500 mil­lion.

Po­lice say Om­bati was sum­moned in Au­gust to the CID of­fices on Ki­ambu Road to record a state­ment ex­plain­ing whether he re­ceived in­struc­tions from Moi.

In an af­fi­davit, of­fi­cer Em­manuel Kanyungu said the lawyer was un­able to demon­strate when he re­ceived in­struc­tions, be­cause the only doc­u­ment he brought was a let­ter with­out a let­ter­head dated De­cem­ber 18, 2012.

The court was told the lawyer dis­closed less than half of the dis­burse­ment of pur­chase price and kept say­ing he would pro­vide the re­main­ing de­tails at a later date.

When he failed to do so, the in­ves­ti­gat­ing of­fi­cer moved to the chief mag­is­trate’s court and ob­tained a war­rant to in­ves­ti­gate his bank ac­count. Im­me­di­ately the war­rant was is­sued, it was served on African Bank­ing Cor­po­ra­tion Ltd, he said.

The lawyer then went to court to chal­lenge it on grounds that his fun­da­men­tal rights had been breached.

/PHILIP KAMAKYA

Lawyer Omwanza Om­bati leaves the Mil­i­mani law courts on April 13

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