Judge orders police boss David Kimaiyo to appear in court

The High Court in Machakos has summoned Inspector General of Police David Kimaiyo to explain why alleged intruders were occupying disputed land in Kajiado.

The land, estimated to be about 67,000 acres, was the subject of bitter exchanges between Interior Cabinet Secretary Joseph ole Lenku and lawyer Ahmednasir Abdullahi recently.

Yesterday, Justice Charles Kariuki directed Kimaiyo to personally appear in court on November 18 to present his report on why the alleged intruders were still occupying the land.

The judge made the order as Kajiado Governor David Nkedianye and four MPs appeared in the court to answer to charges of incitement and contempt of court.

The MPs were Moses ole Sakuda (Kajiado West), Peris Tobiko (Kajiado East) and Joseph Nkaissery (Kajiado Central), and Kajiado Senator Peter ole Mositet.

Demonstrators waved placards and shouted anti-land grabbing slogans in solidarity with their leaders, who pleaded with them not to interrupt court proceedings.

They were, however, restrained from entering the courtroom, which was full to capacity.

Lawyer Tom Ojienda represented the governor while Pheroze Nowrojee represented Nguruman Ltd, who are the defendants claiming ownership of the land. 

CIVIL JAIL

Nguruman Ltd claims Shompole Group Ranch, that has also claimed ownership of the property, has forcibly occupied the property, alleging it was part of their ancestral land.

The defendants wanted to know why Nkedianye’s property could not be attached and also why he should not be committed to civil jail for failing to appear in court on October 30 to answer charges of allegedly inciting residents of Shompole and Ilkiramatian in Magadi division.

Mr Lenku and the Kenya Meat Commission chairman Taraiya ole Kores had been summoned.

However, Prof Ojienda told the court his client was not served and only learned about the summons through the media.

He appealed to the court to lift the orders to attach the governor’s property and also send him to jail.

Ojienda further told the court he planned to enjoin more than 10,000 people, who are among the interested parties, in the suit.

Kariuki ruled that the status quo remains until December 2, 2014, when the case will be heard.