BY SAM ALFAN.
The High Court quashed investigations into a multi-million parcel of land belonging to a businessman but being claimed by the daughter of former cabinet minister Mbiyu Koinange.
Environment and Land court judge Oscar Angote further barred the ministry of Lands from acting on recommendations by Directorate of Criminal Investigations over the title deed held by Nairobi House limited.
The land in Muthangari is being claimed by Lennah Catherine Koinange, a daughter of Koinange.
“The court is persuaded that the investigations that culminated in the recommendations set out in the letter of 20th July, 2020 were vitiated by irrationality and procedural impropriety,” Judge Angote ruled.
The judge noted that Nairobi House Ltd and Koinange were involved in several cases over the ownership of the land in determining whether or not to commence or pursue criminal investigations, the DCI should consider the interest of the public.
He said the DCI should consider whether the Prosecution will enhance public confidence or whether the case can be easily resolved by civil process without putting an individual’s rights at risk.
The court noted that investigations had previously been conducted over the same parcel in 2005 and NHL’s title was found to be genuine.
“Nonetheless, it appears absurd that the same office, albeit at different times, could reach different conclusions on the two titles. No explanation has been given for this drastic shift and the DCI’s decision to this extent is irrational and violated the applicant’s right for fair administrative act,” the judge said.
The director of NHL Javed Iqbal Abdulrahman through lawyer Philip Nyachoti said the decision by the DCI to investigate and make such recommendations as contained in the letter to the ministry of Lands is illegal and prejudicial to him.
Abdulrahman said he has been paying land rent to the Ministry and rates to Nairobi City County.
He said Ms Koinange trespassed into the land sometime in December 2016, with plans to sub-divide the parcel and erect a fence. He said the land has been subject to several court cases, which have been ruled in his client’s favour.
