Judge extends orders on Sh4.6 billion land as woman distances herself from invasion

Nairobi
By Kamau Muthoni | Mar 20, 2024

Environment and Lands Court has extended orders barring alleged invaders from either interfering or accessing a prime land in Karen.

This comes after a woman alleged to be at the heart of the Sh4.6 billion property invasion, Dorcas Joan Kiptoo, distanced herself from the invasion.

Justice Oguttu Mboya directed that the orders he issued should be complied with.

During the mention, Arvind Kanji Patel told the court that ="https://www.standardmedia.co.ke/sports/nairobi/article/2001491427/court-bars-alleged-invaders-from-accessing-prime-land-in-karen">despite court orders<, unknown persons had continued fencing his land.

"The last orders were very clear the OCS Karen was to help in the enforcement of the orders ...they have failed to abide by those orders of the court then the contempt application should be heard first. The contempt is continuing to fence off the land,” argued Arvind. 

Patel asked the judge to visit the land to confirm that his orders were being disobeyed. 

Kiptoo told the judge that she was not supposed to be in the case as the person who took the photos erroneously captured her vehicle. 

According to the woman, she had not defied any orders. She asserted that Patel added the wrong party in the case. 

In the case, Arvind listed the Director of Survey, Chief Land Registrar and Attorney General Justin Muturi as the second, third, and fourth respondents.

“An order of interim injunction to restrain the first defendant/ respondent herein, either by herself, agents, servants and, or anyone claiming under her from entering upon, remaining on and, or in any manner whatsoever interfering with the plaintiff/ applicant's rights over the suit property or any portion thereof; pending the inter-partes hearing, or further directions of the court,” said Justice Oguttu Mboya.

The orders are to be enforced by the Lang’ata sub-county police commander or the officer commanding station (OCS) Karen Police Station.

Arvind says Kanji Naran Patel was the registered owner of the land known as L.R. No 2255/1 and L.R. No 2255/2.

The court heard that he bought the land registered as I.R. Number 6132 from the late Henry Albert Moore and the transfer was registered under entry number I.R. Number 6132/11.

Naran died in 1995 and Jayanti Kanji Patel (deceased) and Arvind were appointed the joint executors of his estate in succession cause No. 467 or 1996.

Arvind received a certificate of confirmation on Valentine’s Day in 1997 and the two parcels of land in question were part of it.

In his submission, he says that the confirmation certificate has never been revoked or annulled.

According to Arvind, he was registered on April 9, 1997 as I.R. Number 6132/15 and has been paying the land rates since then.

On March 2, 2024, he alleges that Kiptoo came with hired goons and AP officers and forcefully entered and trespassed on the property estimated to be 66 acres.

He adds that Kiptoo seems to have monitored his movements before the takeover since he was outside the country when the incident happened.

Arvind says that his security guards, employees and tenants were threatened by the goons before demolishing structures and sheds and fencing off the property with poles.

He argues that Kiptoo did not produce="https://www.standardmedia.co.ke/article/2000139451/sh8-billion-karen-land-ownership-tussle-not-new-in-the-courts"> any ownership documents<, court orders or authority giving her access to the land.

He adds that the police officers accompanying her had no court order giving them a mandate to ensure compliance with the takeover.

Arvind reported the matter at the Karen Plains Police Station where it was booked under OB number 06/02/03/2024. Following the report, the OCS moved to the property and chased away the rowdy goons.

Arvind says that Kiptoo has threatened his employees and allegedly brought a bulldozer to bring down the buildings and offices on the land.

He fears that the land may be transferred or sold to his detriment since RSS, a private security company, is now manning the property and his employees have no access.

He argues that his right to own property had been violated.

“The plaintiff avers that noteworthy, continued interference with his quiet possession and ownership of the said parcel of land is unconstitutional, unlawful, arbitrary, oppressive and untenable,” reads the application filed last week.

Arvind adds that he has suffered loss and damage following the demolition. “I have suffered loss and damages because that is where I was running my office and gaining income,” he says.

He is seeking damages and compensation for the destruction as well as a permanent injunction against Kiptoo and to have her remove the structures allegedly erected under her watch and directions.

He also wants the Director of Survey barred from issuing deed plans and any subdivided deed plans that arise from the land.

Arvind is seeking to be declared the sole owner and have the Chief Land Registrar barred from issuing a certificate of title to Kiptoo or any other person who is not him.

In his affidavit, Arvind says Kiptoo came in a Toyota Premio car and that he went ahead and did a search on the National Transport and Safety authority (NTSA) portal and confirmed she was the owner.

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