The Judiciary has spoken out about the controversial arrest of an elderly man by detectives from the Directorate of Criminal Investigations (DCI) over a disputed piece of land in Nairobi’s Lavington district.
In the Saturday afternoon incident that sparked debate online, DCI detectives were captured on video handcuffing the man and escorting him to the car. When questioned by his family, they are heard saying they do not need a warrant to arrest him.
The investigative agency issued a statement Sunday saying the arrest was made following a complaint made by Munir Ahmed Chaundri, a 75-year-old UK-based Kenyan who claimed the current occupants, Mahesh Kumar Bhatti and Anita Bhatti, were illegally claiming ownership of the parcel.
VIDEO: DCI officers have become the biggest security risk in Nairobi. How do you storm someone’s compound without reason, arrest 74 year old man just because a land grabber has paid you some money?
Then you keep them in the cells at Muthaiga until midnight just so that the… pic.twitter.com/D3I8iESWMs
— Robert ALAI, HSC (@RobertAlai) August 20, 2023
And on Monday, the Judiciary said it had not issued any orders on the matter as there is still a pending application by Mahesh and Anita at the Environment and Land Court.
The applicants, according to the Judiciary, maintain they are the rightful owners of the parcel of land by virtue of adverse possession and want the court to declare them as so.
The couple wants, among other things, the court issues orders of injunction restraining Munir’s family or their representatives “from inhibiting, alienation, dealing, disposing, trespassing and/or in any other manner interfering with the applicants’ quiet use, occupation and possession of all that parcel of land known as Land Reference No. 209/7771/2,” pending the hearing and determination of the application.
The Judiciary said the application had yet been determined and the court has set a mention date for directions on September 18.
Kenyans have accused the investigative agency of not following due process even as detectives maintain that after a probe, the suspect has not provided ownership documents relating to the disputed land.
According to the DCI, Chaundri claimed to have purchased the parcel in 1977 before it was later rented to a construction company linked to the accused in 1984.
“In 1987 they sold part of the land to the said TM-AM company. The land was subdivided in two portions thus, LR. No. 209/7771/1 which was sold to Mahesh and Anita Bhatti and LR. No. 209/7771/2 which was retained by the complainant,” read the statement issued Sunday.
“In August 2006, the late Malkiat Singh Assi visited Kenya and discussed with Mahesh about the sale of their portion of land to TM-AM (Mahesh) who rejected the offer. However, they agreed that TM-AM would build a perimeter wall covering both plots with a permanent gate for security purposes.”
DCI said Chaundri reported the matter in February this year, accusing the couple of denying him entry to the property, unlike previous occasions where access was granted.
“The Director of Public Prosecution after considering the above facts, directed the prosecution of Mahesh Kumar Bhatti and Anita Bhatti for the offence of forceful detainer contrary to section 91 as read with section 36 of the Penal Code. The suspects were ordered to appear before the court to answer to the above charges,” said the investigative agency.
“Despite the unsubstantiated stories that went viral on social media, the truth is in the facts and evidence that will be presented before court in the coming days.”
