A family in Nairobi wants a businesswoman punished for failing to obey a court order.
The order barred her from interfering with a 66-acre prime land in the upmarket Karen suburb valued at Sh4.6 billion.
Arvind Kanji Patel said Monday Dorcas Joan Kiptoo had not adhered to the order issued by Environment and Lands Court Judge Oguttu Mboya on March 8.
The Judge had issued orders stopping her and her agents from entering, remaining or interfering with the property.
The judge also said “for the sake of peace and to avert any iota of violence, the orders shall be enforced by the sub county police commander Karen/Langata and the OCS Karen Police Station respectively.
Patel in his fresh application before court says those orders were not obeyed.
He is now seeking to have Dorcas Joan Kiptoo to appear in court and explain why she should not be cited for contempt for failing to restrain herself, or her agents from interfering with Arvind’s rights over the suit property as had been ordered by the court on March 8.
Once found to be in contempt, he wants her to be punished and committed to prison for a term not exceeding six months.
He also wants the sub county police commandant Karen/Langata and the OCS Karen Police station to appear before court and show why they should not be punished for failing to enforce the court order issued on March 8.
Patel who is the administrator of the late Kanji Naran Patel told the court that Dorcas has violated the order despite being aware of it.
He told the court that he served the order on her and the other parties as had been directed by the court.
“But she has denied us and the beneficiaries of the estate of Kanji Naran Patel access, entry and peaceable enjoyment of the suit property situated in Karen,” he said.
The judge hearing the case asked the advocate representing the woman why his clients were disobeying the court order to which the advocate said they were wrongly enjoined.
The Judge directed that the contempt application be prioritized and be heard on May 6.
The judge said the defendants are at liberty to file their affidavits if any.
At the same time, the court extended the orders barring the woman from interfering with the land.
According to the court papers, Patel claims they have been in possession of the suit property since 1965 until March 2 this year when Dorcas allegedly invaded the property illegally.
Read: Court Stops Businesswoman Dorcas Kiptoo from Accessing Sh4.6 billion Karen Land
He said the deceased Kanji Naran Patel bought the parcels of land situated in Karen, Nairobi from one Henry Albert Moore, now deceased.
When Kanji died in or about 1995 Arvind was appointed as an administrator of his estate.
The court heard that Dorcas has not adduced any document to lay claim over the suit property. He said Dorcas came with hired goons and police officers and forcefully entered and trespassed the property known as L.R. Nos. 2255/1 and 2255/2 situated in Karen which is an estimate of 66 acres.
He further argued that Dorcas allegedly hired goons who forcefully gained access to the property, chased his employee and started fencing the property.
Similarly, he claims that Dorcas never produced a little deed to the land she is claiming ownership of. He said he has been in possession of the land known as L.R. Nos. 2255/1 and 2255/2 situated in Karen since the year 1965 and he has been paying the land rent and rates for all the consequential years.
The Officer Commanding Station (OCS) Karen was ordered to enforce the orders.
“That for the sake of peace and to avert any iota of violence, the Orders herein shall be Enforced by the Sub-County Police Commandant, Karen/ Langata; and the O.C.S- Karen Police Station, respectively,” the orders issued by justice Mboya read.
This is the latest case where grabbers are targeting private land for their own use.
The trend has been on the rise with the grabbers using the names of prominent personalities to illegally access and occupy private land.
Many land owners are worried as police also seem be overwhelmed.
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