A businessman fighting for ownership of a 66-acre parcel in upmarket Karen wants the Lang’ata sub-county police commander cited for contempt of court for alleged refusal to remove invaders from the contested property.
Arvind Kanji Patel told Justice Oguttu Mboya that the sub-county police boss and the officer commanding Karen Police station have refused to ensure court orders issued early this month are complied with.
Mr Patel, the administrator of the estate of the late Kanji Naran Patel, informed the judge that the police officers refused to ensure compliance with the court order issued on March 8 to remove Dorcas Joan Kiptoo and her agents from the land.
“It is important that this application is allowed and the contemnors punished as their breach of the court order issued on March 8, 2024, has caused the plaintiff great prejudice, loss and irreparable harm,” he said in an affidavit.
Attorney-General Justin Muturi through Allan Kamau denied the claims that the police officers were in contempt of the court order, but promised to take up the matter to ensure compliance.
Mr Kamau asked the Environment and Land Court judge for more time to file his reply to the petition by Mr Patel.
The judge at the same time extended the order restraining Ms Kiptoo from taking over the contested land pending further directions of the court on May 6.
“The contempt proceedings dated March 15, 2024 will be prioritised and should be served forthwith to the intended contemnors,” the judge said.
Ms Kiptoo, through lawyer Elias Odhiambo, said she has nothing to do with the land and has no interest in it whatsoever. “We are not in contempt of court as my client has been wrongly joined in these proceedings,” Mr Odhiambo submitted.
Mr Patel moved to court early this month, saying hired goons under the protection of Administration Police officers invaded the property on March 2 and threatened to demolish structures, and buildings and evict tenants from the property.
He submitted that his supervisor Rajesh Premji was allegedly arrested and taken to Karen Plains police station and his agents cannot enter the property, raising fears that it might be sold or transferred to third parties.
“The plaintiff avers that noteworthy, the continued interference with his quiet possession and ownership of the said parcel of land is unconstitutional, unlawful, arbitrary and oppressive,” he said.
Mr Patel said his constitutional rights to own and enjoy property are constantly under siege due to the aforesaid intrigues and trespass.
The businessman has named the Director of Survey, Chief Land Registrar and Attorney-General as respondents in the case.
Court documents stated that Kanji Naran Patel bought the property registered as L.R. Number 6132 from the late Henry Albert Moore and the transfer was registered as L.R. 6132/11.
Mr Naran died in 1995. Mr Jayanti Kanji Patel (also deceased) and the petitioner were appointed the joint executors of the estate in a succession case in 1996.
It is the petitioner's argument that the certificate of confirmation, which he received in 1997, has never been revoked or annulled. He further said he has been paying land rates since then.
