The Directorate of Criminal Investigations (DCI) clarified the arrest of an elderly man in Lavington over a land tussle following public outcry.
The incident happened over the weekend in Lavington. In the video that has since gone viral, the elderly man could be seen being arrested by detectives.
The DCI escorted the man for questioning in what they said was a land tussle.
Kenyans on twitter including Kileleshwa MCA Robert Alai and NARC Kenya leader Martha Karua came out to condemn the DCI in what they termed as unlawful arrest.
However, DCI issued a statement in reaction to outrage on the video saying that most Kenyans had been misled.
In the statement to newsrooms, DCI states that the issue was first reported by one Munir Ahmed Chaundri, a 75-year-old who currently is currently in the United Kingdom.
Mr. Munir stated in his case that he is the lawful registered owner of the piece of land in Lavington.
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Also, in his report Munir stated that the current occupants Mahesh Kumar Bhatti and Anita Bhatti were claiming ownership of the same parcel of land.
DCI on land Tussle
In his complaint he states that he bought the piece of land in 1977. In 1987, he sold part of the land to Mahesh and Anita while he remained with the other part.
”The land was subdivided in two portions thus, LR. No. 209/7771/1 which was sold to Mahesh and Anita Bhatti and LR. No. 209/7771/2 which was returned by the complainant.
DCI stated that in its findings, the suspect in the complaint has not provided the investigators with any ownership documents relating to the dispute over the land.
“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 the above charges,” said DCI in the statement.
DCI further stated that no matter the outrage or public views on the case, the facts and evidence are the ones that will be presented in a court of law.
“Despite the unsubstantiated stories that went viral on social media, the truth is in the facts and evidence that will be presented before court in the coming days,” said DCI.
Kenyans on DCI Lavington arrest
Kileleshwa ward MCA Robert Alai had earlier accused the DCI of unlawfully arresting the elderly.
”What’s the dispute here? What’s the suspect charged or supposed to be charged with? Do you know something called DUE PROCESS? What does it entail in such a case?” pointed Alai.
Activist Boniface Mwangi also accused the DCI of lacking transparency in their arrest.
”I have read your media brief and l have very many questions, but where was this transparency when the arrest took place, and a private developer moved in? Here is another land grabber that DCI are protecting,” said Boniface Mwangi.
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NARC Kenya leader Martha Karua called out DCI, raising questions on the manner in which security officers handles the matter.
”This explanation raises more questions than answers. You cannot use criminal law to settle what appears to be a civil dispute.
How did the couple you call ‘suspects’ come to live on the land for close to thirty years if they are not owners? Is this a case of abuse of powers,” said Karua.