An elderly couple was at the weekend arrested in a land dispute saga in Lavington area, Nairobi.
The two Mahesh Kumar Bhatti and Anita Bhatti will face charges of forcible detainer contrary to section 91 are read with section 36 of the Penal Code, police say.
This follows an order by the Director of Public Prosecutions following an investigation by police from the Directorate of Criminal Investigation’s Land Fraud Unit.
“In that regard, it has been established that there is a primafacie case against Mahesh Kumar Bhatti and Anita Bhatti, for the offence of forcible detainer contrary to section 91 are read with section 36 of the Penal Code,” said a letter by the DPP head of lands and environment division Vera Omollo Hamisi in a letter to the DCI dated August 9.
The Penal Code says any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land is guilty of the misdemeanour termed forcible detainer.
The two are said to have been staying on the land L.No.209/7771/2 which belongs to Munir Ahmed and Malkiat Singh Assi (deceased) as joint tenants as lessees.
The investigations say the claims by the couple are unfounded as they do not possess any ownership documents of the subject property.
Investigators say the property belongs to Malkiat Singh Assi and Munir Ahmed Chaudhri since 1977.
Elderly couple arrested in Lavington over a land dispute pic.twitter.com/i2FIKWJ39e
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They then sold half of the property to the couple and left for London for treatment The owners told police when they came to visit their property they realised the couple under probe had allegedly removed the fence separating the two portions and had penetrated into their property.
This formed the basis of the probe and after the other group complained they could not access their side of the land.
Police say the owners reported the matter.
After the probe the inquiry file was sent to the DPP who independently reviewed and in full consideration of the evidence therein, found that the subject property belongs to Munir Ahmed and Malkiat Singh Assi (deceased) as joint tenants as lessees.
The Chief Lands Registrar confirmed to police ownership of the subject parcel and provided a copy of the green card to ascertain the entries thereon.
The team was also asked to check on a Power of Attorney given to one Bashir Abdul Rehman by the original owners and drafted by Kavraj Sago Advocate.
And after the police covered the needed areas, a team from Land Fraud Unit at DCI headquarters went and arrested the two on Saturday.
They were later processed at the DCI headquarters and granted cash bail ahead of their arraignment on Monday August 21.
Their arrest on Saturday gave way for a group that had been hired to invade the disputed portion and fence it.
The drama was caught on camera and shared online which caused an uproar.
Police say they are following the law in this matter.
There were efforts to find a solution on the issue on Sunday.
