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.