BY SAM ALFAN.
The owners of PrideInn hotel have now sued Director of Public Prosecution Noordin Haji and Directorate of Criminal Investigations seeking compensation of Sh100 million over unlawful charges and violation of their rights.
Mohamed Shabbir Kassam Nooran and his son Mohamed Hasnain Shabbir and PrideInn hotel wants the court to direct the government to pay them Sh100 million damages over violation of their fundamental rights.
They also want the court to issue permanent injunction restraining DCI and DPP from commencing any fresh investigations, harassing, arresting and prosecuting them with respect to the dispute between them and the landlord BrookShill Crescent Investment ltd, which is pending before the High Court.
Father and son also want the high court to quash the charges brought against them of theft and malicious damage to property.
“An order of prohibition do issue restraining Directorate of Criminal Investigations and Director of Public Prosecution from further arresting and preferring any charged against 2rd petitioner as preferred against 1st petitioner in MCCR No. E923 of 2021 or any other charges on the same facts arising from the complaint BrookShill Crescent Investment ltd vs PrideInn Hotel & Investment ltd or its directors”, the urged.
The two further urge court to declare search conducted by officers from the DCI and the seizure of the PrideInn Hotel furniture from their go down and stores along Serena road in Mombasa was unconstitutional, unlawful, null and void.
It is their argument that the arraignment was abuse of office by DPP and their arrest and prosecution in the respect of compliant by BrookShill Crescent Investment ltd managing Director Imran Abdul Salaam which is a subject of a civil suit amounts to double jeopardy as well as abuse of court process.
They are also seeking declaration that the detention of Noorani between August 24 to 25 was violation of his constitutional rights.
PrideInn days it was a teenant of BrookShill Crescent Investment ltd on Raphta Road, Nairobi for five years and three months from November 2,2009 to February 2,2015 and parties signed a sub-lease for further five years and three months. The renewed sub-lease was to lapse on April 30 last year.
According to the hotel, during the time of the second sub-lease agreement Salaam(complainant) agreed to renovate the demised premises on the terms set out in the agreement dated January 10,2015 on an understanding that Salaam would vary the rent upwards.
“The new terms were registered through the Deed of Variation dated September 2,2015 but registered on July 19,2016. The Petitioners company on the other hand took care of the fixtures, fitting and furniture on its accord as the same were not provided for in the Deed of Variation “, they adds.
They adds that the complaint only paid for renovation of the demised premises which work was unfdrtaken by vishnu builders and developers limited and all the money remitted by the complainant was acvounted for as the same was paid to the contractor.
PrideInn purchased all thr furniture, fixtures and fitting for the leased premises to enable it carry on the business as hotel operator.
The hotel further adds thst upon the lapse of sub-lease, the complaint them to hold the hotel on its behalf for May and June, 2020 during which period there were several correspondences that affirmed fixtures, fitting and the furniture belonged to them.
