Police officers at Nairobi’s Muthaiga Police Station have been left in a shameful quandary over whether to enforce a lawful court order, or follow directives from their seniors requiring them to disregard rule of law and ignore it.

At the centre of the officers’ dilemma is a court order requiring them to assist an auctioneer to attach property of a man well-connected in government circles, and a purported call from State House ordering them to leave the man to enjoy his peace.

A simple call from State House was all that it took last Friday to save the property of the former Juja Constituency aspirant from being auctioned to offset Sh4 million debt that had arisen from an unsuccessful court petition last year.

The story of Alloise Kinyanjui is a clear manifestation to the common adage that it is only in Kenya where there is a double standard application of the law, with its strict enforcement being applied when it comes to where the downtrodden are involved.

It was not only the telephone call that has left tongues wagging. Kinyanjui also left police officers from Muthaiga station who had accompanied the auctioneers to his residence in a bid to enforce the court order, wondering about his source of power, when he threatened to shoot all of them.

Kinyanjui declined to talk to journalists who had accompanied the officers to his residence.

Legal costs

The police officers and auctioneers had gone to his residence to attach his property following a court ruling.

Alloise Kinyanjui Kuria, a former police officer and a brother to former Trade Cabinet Secretary Moses Kuria brazenly threatened to fire at the officers who had escorted the auctioneers before blocking them from his Muthaiga North residence.

The High Court had ordered Kinyanjui to pay Sh3.75 million to the Independent Electoral and Boundaries Commission (IEBC) and another Sh3.754 million to Juja MP George Koimburi Ndung’u, for withdrawing an election petition that was challenging his (Koimburi’s) win.

Documents indicate that the court had ordered Kinyanjui to pay Koimburi Sh4 million but since he had deposited Sh250, 000 while instituting the suit, he was left with the balance of Sh3.75 million.

Kinyanjui had moved to court appealing against the results announced, but lost the bid with the court declaring that he meets the costs of the suit.

After several attempts by Koimburi to have the money paid to him by the petitioner, he eventually engaged the services of Chador Auctioneers.

However even with the court order clearly mandating the OCS Muthaiga to provide him with security as attached to some of Kinyanjui’s property, the same could still not be executed following orders by powers that be.

The property to be attached included motor vehicles KCR 999P, KCJ 295A and KDN 003 Q alongside other goods deemed satisfactory to the auctioneer.

The officers who had gone to Kinyanjui’s residence were however later directed by their seniors to leave the residence in unclear circumstances as well as ensure that nobody touched Kinyanjui’s property. The puzzled officers left the venue without speaking to journalists.

Shortly thereafter, over 50 goons were ferried to the residence to guard it and as they chased away the auctioneers and journalists who had gathered around.

The Kiambu Law Courts had ordered the officer commanding or in charge of Muthaiga police station to provide escort and security to Eliud Wambui trading as Chador Auctioneers, to allow access the premises of the respondent House number 134 within Parkside Villa estate off Muthaiga North Road.

Court-ordained order

The auctioneer was also to be allowed access to any other movable property belonging to the respondent in execution of warrants of attachment and sale of movable property issued by the court.

The court further ordered the OCS to provide security for the purposes of maintaining law and order during the attachment and eventual removal of the proclaimed goods for possible recovery of Sh3,750,000 plus auctioneers cost.

“The officer commanding or in charge of Muthaiga Police Station do provide escort and security to Eliud Wambui of Chador Auctioneers to allow access the premises of the respondent, House number 134, within Parkside Villa Estate off Muthaiga road and any other moveable property belonging to the respondent in execution of the warrants of attachment and sale of moveable property issued by this court,” the court orders read.

The orders, issued on January 7, 2025, were confirmed by the Kiambu Law Courts Administrator Jane Irungu as authentic.

“I wish to confirm that the court orders dated January 7, 2025 originated from this office and they form part of our record in the subject matter. The same is therefore authentic,” Irungu wrote.

Kinyanjui who was the petitioner applied to withdraw the petition on December 7, 2022, but a Kiambu County resident, Jairus Gichigo applied to be a substitute in the petition.

The application to substitute the petitioner was dismissed with no cost on grounds that the substitute did not meet the threshold and therefore the petition was withdrawn with cost to the respondents.

Kinyanjui, who is a brother to former Trade and Industrialisation Cabinet Secretary Moses Kuria had challenged Koimburi’s win over electoral malpractices. He cited that his agents were blocked from accessing several polling stations and that there were several instances of voter bribery.

Koimburi, who contested on a UDA ticket was announced winner with 39, 413 votes, followed closely by Kinyanjui, running on a Jubilee Party ticket, who garnered 30,799 votes.