FORMER President Moi is wrangling with two Mombasa businessmen over a beach plot in Diani on the South Coast. Moi wanted them arrested and prosecuted but they claim they bought the plot from him in 1993 for Sh7.5 million. Rashid Sajjad and Mohammed Swaleh Bawazir were formerly Moi's political pointmen at the Coast but have now gone to court to stop their arrest and prosecution over the disputed plot. They claim they have been harassed by Moi, the State Law Office and the police.
Yesterday their lawyer Ben Olunya denied that they had reached an out-of-court settlement with Moi. Assistant public prosecutor Jacob Ondari told the court in Mombasa that Moi's lawyer Juma Kiplenge had called him and advised him of the out-of-court settlement. However, Olunya expressed surprise and said that his clients were not aware of such a settlement. He said that he had been expecting the case to be heard yesterday as scheduled.
In an affidavit sworn by Ondari, the Director of Public Prosecution denied the police or the State Law Office had harassed the two businessmen and said the police were merely investigating. “The officers, upon recording statements from the petitioner, and carrying out a land search, confirmed the property was transferred to MS Bawazir in June 28, 1993 and thereafter another management. Bawazir also recorded his statement and denied dealing directly with the complainant,” said Ondari.
He assured the court that the two men would not be arrested since they had already recorded their statements with the police. He said orders barring Moi, the AG, Director of Public Prosecution, Commissioner of Police and the CID from "harassing and prosecuting" the duo over the 0.49 hectare beach plot were "premature and should not be allowed."
Sajjad and Bawazir claimed that the police had given them until June 10 this year to pay Moi more money for the plot or face arrest. They then went to court claiming they had paid in full. “The petitioners' constitutional right to freedom and security of person, movement, protection of property and secure protection of the law have been violated and are threatened with further grave violation,” Olunya said.
In their suit, Sajjad and Bawazir said in 1996 they met Moi at State House in the presence of his then aide Joshua Kulei and he offered to sell them the plot for Sh7.5 million. The two businessmen agreed to buy the plot and register it in the name of Bawazir and Company. On June 3, 1996, Moi signed the sale agreement and immediately telephoned the Lands Commissioner. He informed him that he had sold the land and instructed him to facilitate the transfer. Moi executed the transfer documents on June 25, 1996 after the two businessmen allegedly paid him the money. On June 23, 2006, MS Bawazir transferred the beach plot to Dina Management Ltd, the current registered proprietor.
In January 2010, Sajjad and Bawazir said they received information that Mohammed Amin, deputy director in charge of Investigations at the CID, was looking for them in connection with the plot. (Amin testified this month on behalf of former Police Commissioner Gen Hussein Ali at the ICC in the Hague). “The first petitioner (Sajjad) contacted Moi and arranged for a meeting, after which he promised he would withdraw the complaint, but never did," Olunya said.
On December 30, police officers went to Sajjad's Nyali home and asked him to record a statement of how he acquired the property. The court heard that the police "advised the petitioners to settle the matter with Moi by paying him additional money for the property, or face arrest and criminal charges." It is not known how much more money Moi wants from Sajjad and Bawazir. The two businessmen accuse Moi of abusing his status and relationship with the police to alter the terms of a long-concluded agreement. Justice Hannah Okwengu said the case will be heard on November 23.
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