July 1, 2024

Judiciary breaks silence over eviction of elderly in Lavington as DCI defends the arrest

3 min read
Judiciary breaks silence over eviction of elderly in Lavington as DCI defends the arrest

Judiciary no court orders were issued on eviction of elderly couple in the disputed Lavington even as DCI defends the arrest

Judiciary no court orders were issued on eviction of elderly couple in the disputed Lavington even as DCI defends the arrest.

The contentious arrest of an elderly couple in Lavington over a disputed piece of land on Mondaydrew the attention of the judiciary.

The judiciary stated that contrary to prior reports, no court orders had been issued on the subject property.

“The Court has set a mention date for directions on September 18, 2023. Consequently, no Court Orders have been issued in respect to the properties in question whatsoever” read part of the statement.

The Judiciary has assured the public that the civil case filed before the Environment and Land Court will be determined fairly.

“We remain ready to provide clarification as far as the process is concerned whenever required to protect the integrity of the proceedings,” read part of the statement.

According to the Judiciary, Mahesh Kumar Bhatti and Anita Bhatti (applicants) and occupants of the land filed a case against Malkiat Singh Assi and Munir Ahmed Chowdhary (owner of the land).

The applicants sought to be declared as joint owners of the parcel of land by virtue of adverse possession.

Judiciary added that pending the hearing and determination of the application, the court issued an order of injunction restraining the respondents and others allied to them from interfering with the applicant’s quiet use, occupation, and possession of the land.

However, in a prior statement issued by the Directorate of Criminal Investigations (DCI) Munir Ahmed who resides in the UK filed a complaint after being denied access to the plot in February 2023 despite being allowed in previous years.

DCI denied malice claims in the arrest of an elderly couple claiming it was sanctioned by the Director of Public Prosecution.

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Despite his children’s insistence that the family had been lawfully lived on the home for more than 30 years, detectives were seen on video handcuffing a visibly distraught elderly man identified as Mahesh Kumar Bhatti.

Bhatti’s children asserted that unidentified individuals had trespassed on their property and had started fencing the area off without getting permission. 

The couple was sought for, according to the arresting authorities, for a forceful detention in violation of Penal Code sections 91 and 36.

The video went viral on social media with a section of Kenyans accusing the DCI of aiding land fraud.

According to Ireri, Munir Ahmed Chaundri, 75, who lives in the United Kingdom, had sold part of his land to the family of Mahesh Kumar Bhatti and Anita Bhatti, who later illegally occupied another plot located within the same compound, locking him out.

“He further stated that one Mahesh Kumar Bhatti and Anita Bhatti were laying claim of the same land,” Ireri said.

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