TOP CITY LAWYERS IN MASSIVE LAND SCANDAL

BY: JEFF OTIENO
KISUMU BASED FREELANCE JOURNALIST
0720616018

Two Nairobi City based lawyers operating the flagship Nyamogo and Nyamogo Company Advocates are embroiled in a serious land sale scandal and are working round the clock to defeat justice.

According to documents availed to this journalist, the lawyers who happen to be brothers (Willis and Ochieng Nyamogo) were engaged by a one Mr. Benson Onyango Osuga to facilitate a sale agreement of LRNO 7785/652 way back in May 27th 2005 amounting to whooping 3.4 million.

But interestingly only a paltry 1 million was directly given to Osuga by the buyer after sustained plea. The rest, 2.4 m was allegedly shared as follows without Osuga's knowledge in a letter dated 25th October, 2005 ref. WNN/LT/13/2004. It read in part:- Dear Sir, Re: Disbursement from title sale of LR NO. 7785/652. Please note that the land under reference was sold at Kshs.3.4 m and disbursement was as hereunder:-

a) Money paid to Ben Osuga 1.3 m
b) Money paid to St. Hannah’s Preparatory School for Julie Osuga Kshs. 38,000/=, money sent to Malayia for College fees and upkeep
c) Money released to Martin Oduogo for processing of provisional Certificate of Title 21,000/=
d) Money paid to Ayimba / Kelvin Osuga 60,000/=
e) Money paid to Mrs Jenipher Osuga while in Malaysia to visit Frank and Roy 100,000/=
f) Professional fees to Nyamogo and Company Advocates, Kshs.230,028.00.

The letter crafted by the Advocates concluded that instructions in respect of the sale transaction was given to them by Mrs Jenipher Onyango Osuga way back in 2004, though the lawyers cannot avail any tangible proof to that effect, thus warranting fury and suspicion of under world antics.

For starters, Jenipher Onyango Osuga is the sister of the two advocates and wife of the besieged Mr. Ben Osuga. She is working with Consan World Wide (Irish NGO based in Sudan).

Marital differences ensued between the duo just immediately before Osuga could receive the proceeds of the sale of land in question, the money the hungry advocates seems to have got some wind of and conspired with the sister to carry on with the transaction without Mr. Osuga’s knowledge.

After realizing that a deficit of 2.4 m had been paid by the purchaser Dr. Maina who is a pharmacist via his company Transpharma Ltd to the trio, hapless Osuga instructed Nderi and Kiingati advocates to demand payments from the duo which didn’t materialize. He decided to move a notch higher by forwarding his grievances to complaints commission on 18th July 2006 through Nderi and Kiingati Advocates. The commission adviced him to lodge a disciplinary case on his own.

Documents from the complaints commission shows how the advocates purport to have disbursed the amounts towards Osuga’s children’s school fees and some directly to his wife without his knowledge or authority, yet he is alive and mentally sound.

Even though Osuga has been frustrated by the shrewd advocates who appear to have compromised the entire law enforcement departments, thanks to their financial muscle, the bitter development consultant appears undeterred to ensure justice is upheld whatever the cost and pain.

“Bureaucratic antics and the snail pace of the commission or any other law enforcing agency wont deter me from demanding an account / payment of monies which the unscrupulous advocates have hitherto denied me access, thus suffering irreparable damage”, the consultant vowed to this journalist.

It’s interesting and worth noting that one of the advocates, Ochieng Nyamogo is a Parliamentary contender cum perennial loser in Alego Usonga Constituency in Nyanza Province.

Early this year, the consultant's woos got worsened when Kilimani C.I.D Officers pounced on him and locked him in police cells on the grounds that he had not paid the city council land rates of the same plot in Runda amounting to 200,000/=, after the purchaser a Dr. Maina had gone to the police to complain. He got his freedom after parting with the amount.

Interestingly, in one of the documents in the possession of this journalist, the two advocates had alleged that they paid the land rates fees but it later emerged that the receipts were faked to justify the amount.

Currently, the frustrated consultant is receiving endless threatening anonymous calls warning him not to pursue the whole matter or else he should brace for dire consequences. Stung though, the consultant has refused to budge.

END