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Ex-spy Kanyotu's son sues DPP, DCI in Sh10 billion land transfer dispute

National

 

 Former spy James Kanyotu. [File, Standard]

Former spy James Kanyotu’s son has dragged the Director of Public Prosecution(DPP) and the Directorate of Criminal Investigations (DCI) in an alleged illegal transfer of Sh10 billion land.

In his case filed before High Court Judge Lawrence Mugambi, Willy Kihara Kanyotu claims that two companies have allegedly illegally transferred Kangaita Coffee Estate Limited’s land in Ruiru without the family’s consent.

 Kihara claims that despite the DCI forwarding to the DPP its investigation report following a four-year probe, his hopes to have the persons behind the transfer have hit a dead end.

 He alleges that the DPP informed him that the issue was a civil dispute and not a criminal one.

 "The second respondent (DCI) carried out lengthy investigations spanning over four years and presented reports including forensic reports, which confirmed that fake and forged documents were used to fraudulently transfer the land mentioned herein,” Kihara claims.

 According to him, Kanyotu owned the majority 99 per cent stake in Kangaita. 

 However, Kihara claims that sometime in 2012, Trendsetters Investments Limited illegally transferred Kangaita’s land into its name.

 Thereafter, he alleges that Trendsetters again transferred the parcel of land to its associate company, Marriot Africa International Limited.

 Kihara told the court that the two companies share the same physical address with Kamlesh Pattni.

 “Trendsetters Investment Limited, Marriot Africa International Limited, and Kamlesh Pattini the culpable parties herein are not my family members and they are not members of the large Kanyotu family, therefore, the issue herein is not a family dispute as the respondents allege.

 Even if  it was a family dispute, the respondents are duty-bound to execute their role where criminal offences are committed and established even among family members,” argues Kihara.

Kihara alleges that the two companies never sought consent from the land control board.

 Further, he claims that Trendsetters and Marriot Africa allegedly filed a letter in court in 2021 in Nairobi containing his signature.

 Kanyotu’s son asserts that the signature is a forgery, adding that he never received money from them. 

“I am aggrieved by the decision made by the first respondent in failing to institute the criminal proceedings against the culpable parties herein and by the second respondent's decision of not pursuing the criminal investigations any further,” he argues. 

 Kihara wants the court to find that the DPP and DCI have breached his rights for failing to press charges in relation to the alleged illegal transfers.

 At the same time, he wants the court to force them to charge those he alleges to be behind it.

 Justice Mugambi has ordered him to serve the DPP and DCI. The case will be mentioned on October 9.

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