Kiambu County Police commander Michael Muchiri risks being sent to prison for failing to evict former President Uhuru Kenyatta’s cousin Ngengi Muigai from a 443-acre piece in Thika in line with a court order issued in 2017.
High Court judge Freda Mugambi on Wednesday ordered Mr Muchiri to appear before her on March 12 and give an update on the eviction directive.
Then-High Court judge John Havelock ordered the Kiambu police chief to assist Bidii Kenya Ltd evict Mr Muigai’s Muiri Coffee Estates from the property.
Bidii Kenya Ltd later filed a contempt of court application against the county police boss.
Mr Muchiri was to appear in court on Wednesday, but asked his lawyer Thande Kuria to seek another date, arguing that he was attending a meeting of county police bosses at Deputy President Rigathi Gachagua’s residence in Karen.
“I have heard the sentiments of parties. The county police commander has undertaken to honour the order," the judge ordered.
"This court will issue an order for the county police commander to appear personally before court to explain the status of compliance on March 12, 2024”
Bidii Kenya Ltd bought the land from KCB Bank in a 2007 auction, but has never set foot on the prime property.
Muiri Coffee Estates has filed 18 motions in the High Court, Court of Appeal, Supreme Court and the National Assembly to retain the property but lost all.
Muiri Coffee Estates stood in as a guarantor for a loan taken by Benjoh Amalgamated, another company owned by Mr Muigai, from KCB in 1988. Benjoh defaulted on the loan.
On Wednesday, Mr Issa Mansur, the lawyer for Bidii Kenya, asked Justice Mugambi not to let the Kiambu County police chief off the hook, arguing that police have continuously taken judges in circles to avoid effecting the eviction.
The lawyer said Mr Muchiri be found in contempt as there has been no progress in evicting Muiri Coffee Estates from the land.
“The next time we appear before my lady, there will be a new county commander and we will be back to square one. Some of the officers that have appeared before this court have gone on to become judges. If you give him another opportunity to come and explain non-compliance… otherwise you and I my lady will retire and this order, we will leave it here,” Mr Mansur said.
Mr Kuria held that the Kiambu police commander was to appear in court but was summoned to Mr Gachagua’s residence.
The lawyer said it was the last request for an adjournment.
Mr Kuria told Justice Mugambi that on January 26, 2024 he wrote to Inspector-General of Police Japhet Koome over the court summons.
Bidii Kenya Ltd has written several letters to Attorney-General Justin Muturi seeking assistance with getting police to effect the eviction.
Last year, Mr Muturi’s office responded to one of the letters and said it has never received any communication from the Inspector-General in relation to the 443-acre property or the eviction.
