DCI and ODPP sued over Sh10b disputed land in Ruiru
Willy Kihara Kanyotu, who is the son of the late businessman James Kanyotu, has moved to the High Court to challenge the two investigative institutions over unfair treatment of their case.
In a petition filed before Justice Lawrence N. Mugambi, the petitioner said in his affidavit that one of the properties owned by Kangaita Coffee Estate Limited which his father was a major shareholder, fraudulently transferred a parcel of land title number L.R No.11261/76 to the third party.
The petitioner said that forgery and use of fake documents were used to sell the land, which is in question, located within Ruiru township, a land that is valued to be worth more than ten billion.
Upon the complete transfer of ownership, Mr Kihara and other beneficiaries of the Estate of James Kanyotu lodged a complaint with the Directorate of Criminal Investigations (DCI).
After completing its investigation, which took four years, the DCI confirmed that fake documents were used and submitted its report to the office of the Director of Public Prosecution (ODPP) for further action, including prosecution.
However, DPP declined to take action, stating that the matter was a family affair and not criminal.
“The respondent’s actions and misdeeds are a breach of the petitioner’s constitutional guaranteed rights to a fair hearing, access to justice, equality, and an abdication of the duties imposed upon ODPP by the constitution, and this honourable Court is enjoined to intervene,” the petitioner said through Ruiru Njoroge & Associates.
The petitioner said that Article 27 of the constitution of Kenya guarantees equal protection and equal benefit of the law for all persons and that his right is being violated.
Following the successful petition, Justice Mugambi certified the case as a matter of urgency and directed the application to be served within 14 days and the responses be filed and served within 14 days from the date of service.
The judge also directed that the case be mentioned on September 10, 2023, to confirm compliance and further direction.