A university consented to withdraw a case against a lawyer it had sued to enable him testify in a land ownership dispute pitting it, the late President Daniel arap Moi and a company associated with a bank executive.
The United States International University-Africa (USIU) consented to withdraw the case it had filed against a senior counsel Paul Ndung’u so that he could be its witness in a case it has filed against the late president over the ownership of a Sh500million parcel of land.
Mr Ndung’u who had been sued by USIU over the land told Justice Samson Okong’o yesterday, he agreed to be a witness in the case between USIU and Moi amongst other defendants including a company associated with the CEO of Equity Bank James Mwangi- Maestro Connections Health Systems Limited.
Before dropping of the case, USIU had written to Ndung’u inquiring from him whether he had witnessed the late president sign the sale agreement in respect of the land in dispute.
Ndung’u maintained Moi signed for the sale agreement then transferred the 30 acre parcel of land to DPS International.
But Moi denied ever selling the land to to DPS International.
The USIU claims DPS International bought the land from Mr Moi in 1988, before selling it to ICEA Insurance in 1990. The university insists that it bought the land from ICEA in 1999 for Sh90 million
Answering questions from lawyer Julius Kemboi, for the late president’s family, Ndung’u said he and a former late Finance Minister Arthur Kinyanjui Magugu took the sale agreement he had prepared to State House for Moi to sign.
Ndung’u said the late Magugu explained to the deceased head of state their purpose of the visit.
He added a former CBK Governor the late Philip Ndegwa was also present.
“Did you see Moi sign the sale agreement to transfer the land to DPS International Ltd where you were a shareholder and a director,” Mr Kemboi asked Mr Ndung’u.
Mr Ndung’u said he did not see Mr Moi sign since the sale documents were handed to the late president by the late Magugu inside an office at State house when he was left behind.
The judge heard that a document examiners report from the directorate of criminal investigations (DCI) indicated that the late President did not sign the sale agreement of the land in dispute.
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