Florence Soila Ngossor, the ex-lover of retired President Daniel Arap Moi, has accused city lawyer Desterio Oyatsi of fraud that led to her losing a piece of land in Kajiado.
In documents seen by Kahawa Tungu, Ms Ngossor accuses the city lawyer, who has represented President Uhuru Kenyatta in various matters including his withdrawn case at the International Criminal Court (ICC), of witnessing the transfer of ownership of the 18-acre piece of land in Kaputiei North – plot number 2966 – without her approval.
“Desteria Oyatsi witnessed a transfer of my land in Kajiado North-Kaputei without me being present and without instructions from me, ” Ms Ngossor says in a complaint against the advocate addressed to the Law Society of Kenya. The complaint was received on March 17, 2016.
The land was transferred to Jeffrey Robin Mein at a cost of Ksh510,000 in November 1993. Robin, now deceased, later sold it to Kiriinya Mukiira, former PS in the Ministry of Lands and Public Works. As of 2017, the land was valued at Ksh500 million, according to court documents.
She reported the alleged fraud with the police in Nairobi area in 2013 and instructed the firm of Naikuni and Company Advocates to sue Oyatsi for fraud.
She further learnt that the title deed of the land had gone missing from the custodian of her land documents, Shapley Barret Company Advocates, firm associated with Mirabeau Da Gama Rose and Louis D’Souza, both deceased.
According to the businesswoman, prior to the transfer, she had never engaged Oyatsi as a person in any of her business dealings saying he used his position as managing Partner at Shapley Barret law firm to cause the loss of the original title deed before falsifying documents and selling the land to Robin.
Ms Ngossor says she only learnt of the transaction after she overheard that there were people fighting over one of her properties in Kajiado.
On his part, Oyatsi admits knowing the complaint for many years but says she deliberately failed to admit that some of the land transfer documents prepared by the law firm, bore his signature and stamp as a witness. Ms Ngossor insists that it is only Da Gama Rose and D’Souza who used to certify all her land transactions.
He says, in his witness statement, that he remembers the late D’Souza, writing the gender of Ms Ngossor as female on the document.
Concerning the alleged sell of the piece of land, Fauzia Bashir Shar, who works for Sharpley Barret Co. Advocates confirmed that Ms Ngossor and her late husband Chege were one of their clients and dealt in most of their property transactions.
He noted that sometime in 1993, when the transaction is alleged to have taken place, the company through D’Souza and Dagama Rose dealt with a number of subdivisions in regularities in the name of Ms Ngossor in a number of her properties, however, a file in respect to the property number 2966 can not be traced.
“We can not trace the file but from our file cards the same property had not been sold and transferred to another party because if it was sold, it could be appearing in our property sale cards, ” he said.
“We have advised her to report the loss of her file and title for replacement and fraud associated with the alleged transfer to the police,” he added.
Ms Ngossor filed a complaint against the advocate with the office of the Attorney General.
In a letter dated July 11, 2017, the office of the Attorney General responded that they can’t take any action against Oyatsi considering that the matter was criminal in nature and the complainant had not availed a copy of the judgement on the case.
“To enable us to deal further, kindly but urgently furnish the commission with a certified copy of court judgement in the fraud matter to ascertain whether the advocate is guilty, ” the letter reads in part.
On November 16, 2018, the Office of the Directorate of Public Prosecution wrote to the DCI to launch investigations into the claims and respond in 30 days.
“You are directed to urgently conduct investigations int the matter expeditiously and forward the duplicate police file for perusal and directions within 30 days of the date hereof, ” the letter signed by Lilian Obuo, Senior Assistant Director of Public Prosecutions reads in part.
“The complainant is advised to follow up the matter with your office,” Ms Obuo added.
To date, Ms Ngossor says she has not recovered her property.
However, this is not the first property she has lost.
According to her, the DCI has failed to help her recover her 40-hectare property in Kajiado that was grabbed by Moi’s former aide Nicholas Kulei.
In a statement with the DCI dated February 27, 2019, Ms Ngossor says the land was given to her by Moi as a “gift” in January 2000 while she worked at State House.
She further noted that Moi instructed his then-lawyer, the late Mutula Kilonzo to transfer the land to her.
She, however, says the plot was grabbed from her by Kulei before she could raise money to pay for stamp duty.
Ms Ngossor wrote a follow-up letter on January 16, 2019, addressed to DCI boss George Kinoti requesting him to get back her land that Kulei managed to transfer using Moi’s forged signature.
“Despite my efforts to rescue the property, it has not been possible because of Mr Kulei’s influence and intimidation, ” she wrote.
However, to date, Ms Ngossor says the DCI has done nothing to facilitate recovery of the land that has an investment of over Ksh69 billion.
In May this year, she wrote another letter to DPP Noordin Haji complaining that despite supplying the DCI with crucial evidence needed to arrest Kulei, there was little to show for it.
She singled out a case in which, the investigating officer Geoffrey Kinyua was allegedly paid by Kulei Sh500,000 to derail the matter.
“The letter (to DCI dated January 16, 2019) was marked to one Geoffrey Kinyua officer in charge of investigation. Instead of Kinyua investigating my complaint, it seems I opened an ATM for him, ” she said.
She notes that she reported Kinyua to his boss, John Kariuki and the case assigned to a Mr Kwalat.
Ngossor in her plea to the DPP asks that Kinyua is investigated for taking a bribe and tapping her phone.
“Sir I hereby request you to take up the matter Joshua Kulei influence and his business empire worth 20 billion US dollars he is using it to frustrate my efforts to get back my land from year 2000 to date,” she added.
Ms Ngossor now hopes that appropriate action will be taken by authorities to recover her property.