Trader accuses DPP of failure to prosecute in grabbed property case

A 75-year-old trader has accused the Director of Public Prosecutions (DPP) and the Director of Criminal Investigations (DCI) of failure to prosecute a couple that has allegedly grabbed his multi-billion shilling property in Lavington, Nairobi county.

Munir Ahmed Chowdhary, a UK-based trader, expressed shock at why businessman Mahesh Kumar Bhatti and his wife Anita Bhatti did not take a plea before Milimani Chief Magistrate Lucas Onyina before whom they appeared yesterday.

The couple had been arraigned before Milimani Law Courts at around 9 am but no charges were preferred against them.

The couple was hurriedly whisked away from the courtroom, leaving the complainant’s lawyer Moses Mabeya and his property agent stranded and in utter shock.

“We are at a loss as to what is happening. We had been informed by the Investigating officer that the suspects we are charged today at the Milimani Law Courts,” said Mabeya while addressing court journalists. “Add true to the investigating officers’ word, the suspects were produced before the court but they were not charged and mysteriously walked away from the seat of justice”.

Bashir expressed shock over the turn of events since they had been assured by DPP and DCI that the trespassers into the property which is subject to a High Court will be charged.

In a video recorded by the hospitalised proprietor of the suit property and presented to the DCI and the DPP, Munir confirmed he has the title to the property and, therefore, was the legal owner.

“I am the registered owner of land number 209/7771 measuring 0.3132 hectares,” Munir states.

He goes on to state he acquired the property in 1977 together with his late partner Assi and developed it for two years completing it in 1979 then leased it out to a client namely TM-AM construction company. Munir also says that in 1987 he sold part of the land to the said firm. He says he has been receiving rent to date and that the couple is an intruder on his property.

“Justice must take its caused, the property is mine and my late partner Assi whose shares have been on to his surviving wife and the grabbers must face the full force of law,” Munir states from the UK.