The suit against Mr Mogera was Monday certified as urgent and a hearing set for June 5. Photo/FILE
What you need to know:
Bidii Kenya claims police commander, James Mogera, had ignored a court order to supervise the eviction of Muiri Coffee Estate from a 443-acre piece of land in Kiambu County.
The estate is owned by Captain (Rtd) Kung’u Muigai, who is Senator Beth Mugo’s brother and President Kenyatta’s cousin.
Bidii says it bought the land in 2007 following an auction by KCB Group, following Muigai’s failure to repay a loan borrowed from the bank in 1989.
The Kiambu County police commander has been sued over his alleged failure to enforce a court order requiring the eviction of President Uhuru Kenyatta’s kin from a disputed plot.
Bidii Kenya Limited claims James Mogera had ignored a court order on February 24 to supervise the eviction of Muiri Coffee Estate from a 443-acre piece of land in Kiambu County.
Muiri Coffee Estate is owned by Captain (Rtd) Kung’u Muigai, who is Senator Beth Mugo’s brother and President Kenyatta’s cousin.
Bidii says it bought the land in 2007 following an auction by KCB Group, following Muigai’s failure to repay a loan borrowed from the bank in 1989.
“Despite several visits to the Kiambu county commander’s office requesting assistance, we have been denied audience and our correspondences have not elicited any response in utter disregard of the orders of the honourable court,” Bidii says in court papers.
“Kiambu police’s response was for the county security committee to first meet before deciding on the execution of the orders,” added Bidii.
The firm claims Muiri Coffee Estate has been felling and carting away indigenous trees in disregard of court orders.
“Judge Havelock made an order on December 3, 2013 for status quo to be maintained pending the hearing and determination of the September 26 application, which later culminated in orders requiring that the plaintiff delivers vacant possession of the suit property to Bidii,” the company said.
It wants the police boss to be jailed for six months for disobeying court rulings and order.
The suit against Mr Mogera was Monday certified as urgent and a hearing set for June 5.
Nearly 20 cases have been filed following the alleged default of the loan advanced 25 years ago.
Companies linked to Muigai, Benjoh Amalgamated Limited and Muiri Coffee Estate Limited, have maintained in earlier court hearings that the 443-acre land was sold for Sh70 million and that the property was worth more than Sh700 million.
KCB sold the estate, which Benjoh Amalgamated had used as collateral to secure a loan in 1989.
Muigai said the judgment delivered on March 10, 1998, which triggered the auction, was wrong since an agreement that led to the sale of the property was entered by a lawyer who was not acting for him.
The judgment was delivered by Justice Richard Otieno Kwach (retired), Justice Samuel Bosire (retired) and Justice Philip Tunoi (Supreme Court).
KCB told the court that in March 4, 1992 it agreed with Benjoh to offset the outstanding loan through a lawyer whom Muigai says was not acting on their behalf.
The court was told that the lawyer on record for Benjoh was D. M Kinyua (now deceased) while KCB was represented by the late John Ougo.
The agreement was for Benjoh to clear the outstanding amount by July, 1992, failure to which the bank was to auction the property used as collateral to secure a loan in 1989.
The bank had entered into an agreement with Benjoh to finance its flower-growing project in Nyandarua District in 1989.
The company says the bank did not release the full amount of the agreed loan, leading to the collapse of the project.
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