NAIROBI, Kenya Aug 21 – It has now emerged that DCI detectives who arrested an elderly couple in a property dispute in Lavington were not implementing lawful court orders because the matter is still pending in court.
The couple was arrested at the weekend sparking outrage online where Kenyans on Twitter, now X, led by Kileleshwa MCA Robert Alai and activist Boniface Mwangi accused the DCI of disregarding the law.
“Why is the DCI taking a partisan approach to a dispute which is in court?,” Alai wrote on Elon Musk’s X, the former Twitter.
Activist Boniface Mwangi said “The approach taken by the DCI should worry all Kenyans because someone can just walk into your property and lay claim to it with the protection of the police.”
Mahesh Kumar Bhatti is handcuffed by a DCI police officer from his Lavington home on August 19, 2023. /VIDEO SCREEN GRAB.
In a video that has since gone viral on social media, Bhati’s 27-year-old daughter is heard saying she was born and brought up on the property.
In this video screengrab, a group of youth are seen preparing to fence off part of the Lavington disputed property after an elderly couple was arrested by DCI officers on August 19, 2023.
“This is our home, I was born and raised here, I don’t know why my parents have been arrested,” she said before her parents were freed on intervention of the Kileleshwa MCA Alai.
Hours after the Director of Criminal Investigations (DCI) Mohamed Amin issued a statement defending his officers who arrested the couple to facilitate a take-over, the Judiciary has clarified that there is no court order in place on eviction.
“Consequently, no court orders have been issued in respect to the properties in question,” the Judiciary said in a statement over the land occupied by Mahesh Kumar Bhatti and his wife Anita Bhatti-both in their 70’s.
The couple was arrested by DCI officers on Saturday and taken in for questioning, even as hired youths fenced off part of the land claimed by Munir Ahmed Chaundri, a 75-year-old who currently lives in the United Kingdom.
According to the DCI, Munir narrated that he is the registered owner of the piece of land which he claims he purchased in 1977.
As narrated to the DCI in his complaint, ten years later, in 1987, he claims he sold part of the land to Mahesh and Anita while he retained the other piece.
“The complainant used to visit the property on various occasions, however, on 24th February 2023, he was denied access which prompted him to report the matter to the DCI headquarters,” the DCI said in a statement signed by Ireri Kamwende for the DCI.
In its findings, the DCI says the suspects (occupants) have not provided the investigators with any ownership documents relating to the land in dispute.
“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 DCI,” the statement issued on Sunday night states.
The DCI is yet to comment on the latest development from the Judiciary which weighed in on the matter to set the record straight.
