Three businessmen move to court to stop DCI, ODPP from publishing their photos as land fraud suspects

Three businessmen, Bharat Ramji, Harish Ramji, and Ashvin Ramji, have moved to court seeking orders to restrain the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP), together with the other respondents, from publishing on their social media platforms or in mainstream media any photographs of them or issuing statements portraying them as suspects in criminal investigations relating to alleged forgery or offences connected to the acquisition and ownership of Land Reference Number 11895/50.

The petition has been filed simultaneously with an application for an injunction seeking the removal of the impugned publications.

“Pending the hearing of this petition, the 1st, 2nd, 3rd and 4th Respondents be and are hereby directed to remove from all their social media platforms or in the mainstream media, any photographs of the 1st, 2nd and 3rd Petitioners and anyany statements notifying the public that the said 1st, 2nd and 3rd Petitioners are suspects in criminal investigations on allegations of forgery or commission of any offences relating to the acquisition and ownership of property Land Refence Number 11895/50,” reads the court papers.

Through senior counsel Nelson Havi,the petitioners contend that the respondents’ actions are manifestly unconstitutional and unlawful and ought to be halted pending the determination of the questions raised in the petition.

They further argue that the dispute over the acquisition and ownership of the suit property between Mombasa Cement Limited and the National Social Security Fund on one hand, and the petitioners on the other, was a civil land dispute conclusively determined by the Court of Appeal and the Supreme Court.

“In particular, in Nairobi Civil Appeal No. 590 of 2019, Bharat Ramji, Harish Ramji & Ashvin Ramji v Mombasa Cement Limited & National Social Security Fund, the Court of Appeal, in a judgment delivered on 15th December 2023, held that the petitioners are the duly registered owners of the property pursuant to a purchase and transfer for valuable consideration from the National Social Security Fund,”reads court documents.