Contractor who demolished Sh55m home to be charged Friday

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Francis Nyaga Njeru of Frank Logistic was however released on a cash bail of Sh300,000 to enable him appear before the National Lands Commission (NLC).
The NLC and the police had launched investigations to establish the ownership of the disputed piece of land.

A businessman alleged to have demolished a Sh55 million house belonging to an elderly couple in Westlands, Nairobi will know his fate Friday when police formally charge him.

Francis Nyaga Njeru of Frank Logistics was however released on a cash bail of Sh300,000 to enable him appear before the National Lands Commission (NLC) to defend his legitimacy over the property he allegedly pulled down on Sunday.

The Director of Public Prosecutions (DPP) Keriako Tobiko, through prosecutor Lindsy Mugambi, sought to have Mr Njeru detained for seven days to enable land fraud investigators conclude their probe into the dispute.

Declining to order the detention of Mr Njeru, senior resident magistrate Hellen Onkwani directed police to finalise investigations within two days.

“This matter is of great public interest as an elderly couple has been exposed and allegedly deprived its legally acquired property,” Ms Onkwani ruled.

In her application, Ms Mugambi had sought to have Mr Njeru placed in custody for seven days to enable investigators conduct a thorough search at the Lands Registry for the bonafide owner.

“I urge this court to order Mr Njeru be remanded at Muthaiga Police Station for investigators to piece together evidence about the ownership,” Ms Mugambi urged.

“The property worth Sh55 million which was pulled down using bulldozers...has been the home of Mr Nazmudin Kurji, 73 and his wife Parin Kurji, 70, for 40 years,” she added.

However, defence lawyer Michael Osundwa opposed the request saying, “there is no formal application filed in court.”

Mr Osundwa said notice of motion has not been formally filed in court filed by the Police.

“There isn’t a binding legal application before this court to urging the detention of Mr Njeru. I plead you discharge him,” said Mr Osundwa.

The magistrate rejected the defence plea saying “this matter is in the public domain or of great public interest.”

However she released the suspect on bond to await Mr Njeru's indictment for malicious damage to property and for demolition charges to be formally filed in court.