BY SAM ALFAN .
A widow has obtained orders suspending her arrest or prosecution over a disputed parcel of land in Nairobi’s Umoja II estate.
High Court Judge Lawrence Mugambi blocked the Directorate of Criminal Investigations and the Director of Public Prosecution from arresting or charging Purity Mbete Maina, pending the determination of her petition.
“A conservatory order be and is hereby issued staying the Petitioner’s arrest, charging and prosecution vide Milimani Chief Magistrate Criminal case number E623/2023 pending inter- partes hearing of this motion,” ordered Judge Mugambi.
The widow later appeared before Milimani Senior Principal Magistrate Benard Ochoi but did not plead to the charges after producing the High Court order.
The widow said she received summons on August 1, 2023 from the County Criminal Investigation Headquarters at Nairobi to present herself for questioning over allegations of forgery in relation to property belonging to her late husband following a complaint by Agnes Wahura Kamau.
She added that the question of ownership of the said property had already been determined in a judgment delivered in the subordinate court.
However, instead of waiting for the outcome of the pending appeal case, Wahura has allegedly turned to weaponizing the criminal justice system by using the police and DPP to harass, coerce and intimidate the Petitioner with a view to achieving collateral ends in the case.
“The timing of the said summons, arrest and intended prosecution is rather curious bearing in mind that the Judgment in the appeal case is merely a month away from delivery,” says the widow.
A charge that had been prepared indicated that Mbete forged a lease for plot NO.15 Umoja 11 zone 8 purporting it to be genuine and issued by the defunct Nairobi City Council.
It alleges that she committed the offence on or about March 12, 2018 in Nairobi County, with intent to defraud Agnes Wahura Kamau of her plot.
She was also set to be charged with obtaining registration by false pretense but she moved to the High Court saying the intended arrest and prosecution is unlawful and a violation of her constitutional rights.
She is seeking an order to quash the criminal proceedings and restraining DCI and DPP or their agents from preferring criminal charges against her.
Mbete says no one should arrest and charge her for participating in a case pending before the Environment and Land Court Appeal Case No. E051 of 2020 or any other proceedings relating to her late husband’s estate.
She urged the court to issue declaratory orders, directions and any other appropriate remedy that it may deem fit in the prevailing circumstances and or situation so as to protect the Petitioner against the threats and continued violations of his fundamental rights and freedoms.
“Unless this court grants the order in the petition as prayed herein, the Petitioner will continue to suffer the violations and injury to her reputation and standing in society as well as a violation of her fundamental rights and freedoms,” she told the court.
She said the actions of DCI and DPP’s office contravene the spirit and letter of the National Police Act, 2014 which frown upon abuse of police power and use of police force to settle individual vendettas.
“Seemingly sensing defeat in the ongoing appeal case, the Interested Party has resorted to weaponizing the criminal justice system by using agents of DCI and DPP specifically the County Criminal Investigation Headquarters at Nairobi to harass and intimidate the Petitioner in bid to discourage her from pursuing the ongoing appeal case,” she said.
