Affluent city businessman John Peter Kamau Ruhangi has moved to court seeking compensation for malicious prosecution, wrongful arrest and detention.
In a suit lodged at the milimani chief Magistrate’s court, commercial division on February 12, he wants Sh10 million cost incurred in defending a criminal case where he was charged with malicious damage to property and consequently acquitted on January 6, 2022.
“Special damage for the cost incurred in defending criminal case No MCCR/409/2016 amounting to Sh10,000,000,” says part of the suit papers.
Ruhangi says he was unlawfully arrested and detained owing to the insufficient details in the charge sheet regarding the property damage, such as the exact Plot Number and location.
He alleges that the court was asked to physically inspect the suit property before the trial of the criminal case but the investigating officer opposed the same in a letter dated June 9, 2016 which was neither copied to him nor his advocate suggesting malice.
In 2015, before he was charged with malicious damage to the suit property he had reported Wanderjoy Party World Limited the complainant now the defendant for illegal occupation, but interference by the then Director of Criminal Investigations Ndegwa Muhoro hindered the investigation due to their personal connection.
He now alleges the arrest, confinement, and prosecution was an attempt to settle business matters through the police.
Ruhangi in his witness statement states that he is the registered owner of the subject plot which he acquired through his company Gumchem Limited after sub division of the original mother plot.
“On 20/12/1999, we applied for permission to subdivide the Original Plot No. L.R 27/8 which application was approved by both the City Council of Nairobi and the Ministry of Lands and Settlement with conditions among them being that 10% of the property be surrendered to the city council for public utility. as well as a letter from the Ministry of lands dated Feb 11,2000 confirming approval of the Subdivision.”
It is his case that Wandere Maina who trades as Wanderjoy Party Limited bought a property bordering his plot from his partner one David Mburu Githere and he would routinely hire his said property for functions such as weddings.
And that at one point he attempted to purchase Ruhangi’s plot but a conclusive deal was never reached.
Wanderjoy, he said wielded influence during the previous administration of former president Uhuru Kenyatta as a result the defendant allegedly employed police power to seize his property.
Known for supplying tents, equipment and catering State House events, Wanderjoy now operates a cafeteria at DCI Headquarters.
Ruhangi now seeks the court’s intervention to address power abuse against citizens lacking influential connections.
“I pray for the court to come to my rescue to curtail abuse of power against citizens who lack “connections,” he says.
He alleges that the criminal proceedings aimed at pressuring him to surrender his land and to withdraw a related case.
Despite losing the criminal case and a denied injunction in the Environment and Land Court, Isaac Maina Wanderi and Wanderjoy have encumbered his property.
The city businessman says the risk of losing his Ridgeways private property valued at Sh1 billion due to police harassment by the defendants has resulted in stress, mental anguish and him being hospitalized.
In the suit the Attorney General, the Director of Public Prosecution, the chief land registrar, Isaac Maina Wanderi, Wanderjoy and Nairobi City council have been sued.
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