A 75-year-old businessman has accused the government of failing to prosecute a couple who allegedly grabbed his upmarket multi-billion shilling property in Nairobi.
Munir Ahmed Chowdhary has expressed concern over how the Office of the Director of Public Prosecutions (ODPP) and the Directorate of Criminal Investigations (DCI) have handled the matter, wondering why businessman Mahesh Kumar Bhatti and his wife Anita Bhatti did not enter a plea before Milimani Chief Magistrate Lucas Onyina, where they appeared on Monday August 21.
The couple had been arraigned at around 9am, but no charges were laid against them.
The couple were hurriedly whisked away from the court room, leaving the complainant's lawyer, Moses Mabeya, and his estate agent, Bashir Abdulrehman, stranded and in utter shock.
"We are at a loss as to what is happening. We had been informed by the investigating officer that the suspects would be arraigned at the Milimani Magistrate's Court today," said lawyer Mabeya, addressing the court journalists.
" Add true to the Investigating officers word, the suspects were produced in court but the suspects were not charged and mysteriously walked away from the seat of justice," he added.
Bashir expressed shock at the turn of events as they had been assured by the DPP and DCI that the trespassers on the High Court premises would be charged.
According to Bashir, Munir and his former business partner, the late Malkiat Singh Assi, are the real owners of the property which they bought and developed over 50 years ago.
In a video recorded by the hospitalised owner of the suit property and submitted to the DCI and DPP, Munir categorically confirmed that he has the title to the property and is therefore the legal owner.
He goes on to say that he bought the property in 1977 with his late partner Assi and developed it for two years, completing it in 1979 and then letting it out to a client.
"Justice must take its course, the property is mine and my late partner Assi, whose shares have been passed on to his surviving wife, and the grabbers must face the full force of the law," says Munir from the UK.
The grabber couple, who were arrested by the police for allegedly grabbing the land, have filed a High Court case seeking to be declared the legal owners of the land in question.
In the petition pending before the Milimani Environment and Land Court, Bhatti and his wife claim that they are the rightful owners of the land, having occupied it for 27 years.
"We have been in exclusive possession of the suit property since 1996 till date. We have been living on the suit property continuously, effectively, openly and peacefully for about 27 years without any interruption," the couple said in the High Court petition.
The couple are asking the court to declare them joint owners of the suit property on the basis of adverse possession.
They are also seeking an order restraining Munir and his agents from claiming possession of the suit property.
According to the couple, on March 1, 2023, persons claiming to be agents of Munir along with police officers from the DCI claimed ownership of the suit property and demanded to be allowed access to the said property.
But Munir's agent and his lawyer Mabeya say if the couple are the legal owners, let them face their accusers in court then prove ownership of the suit property.
Following their absence from court without answering any criminal charges, the complainant is now left at the crossroads.
