City businessman and Business Council chairman of the President Uhuru Kenyatta led Jubilee Party Joel Kibe is embroiled in a vicious court battle where he is accused of grabbing a two acre piece of land belonging to former State House junior employee Samson Kandie in Runda, Nairobi.
Kandie who is the plaintiff accuse the former Cooper Motors Corporation (CMC) director, his wife Esther Wambura Muturi and a company they jointly own as a couple, Baseline Logistics and Investments Company Limited as 1st, 2nd and 3rd defendants respectively for dispossessing him off his land.
Through court case number ELC Suit No. 240 of 2018 filed before the Environment and Land Court in Nairobi, Kandie says his workers were arrested, detained at Gigiri Police Station despite a court order barring the accused from trespassing, evicting or interfering with the suit property being in force.
However, the Office of the Director of Public Prosecutions (ODPP) declined to charge Kandie’s workers after Kibe file a complaint at Gigiri Police Station accusing them of malicious damage.
The Noordin Haji led office said no malicious damage charges can be sustained. They were released on police cash bail which they are yet to be refunded to date.
“The Plaintiff contends that on 4th July 2018, this court issued a preservatory order directing that the Plaintiff shall remain in possession of the suit property pending hearing and determination of the suit. However, on 8th July 2021, the 1st defendant made a report at the Gigiri Police Station that the plaintiff had evicted the 3rd defendant from the suit property and assaulted its caretakers. He however, did not inform the police of the Court order. Following this report, the Plaintiff’s workers were arrested and spent the night locked up at the Gigiri Police Station and on the following day, they were taken to the Office of the Director of Public Prosecution for charging. Nonetheless, the ODPP refused to charge them on grounds that malicious damage could not hold against the Plaintiff who had rightful possession of the property. They were later released on police cash bail.” Documents filed in court seen by The Informer reads in part.
He now wants the trio charged with contempt of court.
Others charged alongside Kibe include; Michael Njau Njoroge, Peter Njuguna Njenga, Chief Land Registrar and the Attorney General.
According to documents filed in court, Kibe alleges he bought the land from his wife.
In the suit papers, Wambura, Kibe’s wife says she bought the disputed land from Triton Service Stations which was then under the statutory management of the Kenya Commercial Bank (KCB) Ltd.
Consequently, Wambura avers that suit property is now in the possession and control of Baseline Logistics and Investments Company Limited (3rd defendant), a firm they she jointly own with her husband after allegedly having been transferred from the her and registered on 21st January 2014.
However, no bank transaction, tax returns records or capital gain tax documents paid to the Kenya Revenue Authority (KRA) have been filed in court so far as proof of payment during the whole transaction process.
“The 1st – 3rd defendants contend that they are the bona fide purchasers for value of the suit property and the title thereof held by the plaintiff had been acquired fraudulently.” Court records show in part.
However, the plaintiff want findings of investigation report by the office Director of Criminal Investigations (DCI) George Kinoti be made public and availed in court to proof whose title deed is legitimate.
The matter is coming up for hearing next month before Justice Lucy N. Mbugua.
