BY SAM ALFAN .
The son of late spymater James Kanyotu has sued Director of Public Prosecution and Director of Criminal Investigations over alleged failure to prosecute individuals who forged documents relating to a parcel of land belonging to the family.
Willy Kihara Njoki Kanyotu wants the court to compel DPP and DCI to institute criminal charges against parties who forged documents in the transfer of a parcel of land title number LR 1126/76.
Justice Lawrence Mugambi certified the application as urgent and directed Kihara to serve the DPP and DCI with the court papers within seven days.
Kihara also wants the court to compel the police to avail a report on how it arrived at the decision not to prefer charges against the parties who forged the documents.
Kanyotu is a beneficiary of the Estate of Kanyotu and was the majority shareholder of a company known as Kangaita Coffee Estate Limited, which owns several properties, including the contested parcel in Ruiru town.
“The above-mentioned parcel of land was illegally and fraudulently transferred to third parties while the parcel of land and the registered owner company were subject of a succession cause, being High Court Succession Cause Number 1239 of 2008 Estate of James Kanyotu(deceased),” says Kanyotu son.
In his court documents, Kihara claims the illegalities committed include forgery and use of fake documents in the conveyancing process, forged sale agreements, forged Land Control Board Consents and forged acknowledgement letters.
He says he and other beneficiaries of the Estate of James Kanyotu lodged a complaint with the police over the forgeries and sale of the land to third parties.
The DCI, he said, carried out lengthy investigations spanning over four years and presented reports including forensic reports, which confirmed that fake and forged documents were used to fraudulently transfer the parcel of land.
The DCI allegedly forwarded its investigations report to DPP for action and prosecution of the culpable parties.
However, the DPP in unexpected turn of events declined to prefer charges against the culpable parties and advised that the dispute involving the illegal and fraudulent transfer of the parcel of land was a family dispute and not criminal.
The parcel of land is currently worth over ten billion Kenya shillings.
“The DPP and DCI actions and misdeeds are breach of the Kanyotu’s constitutional guaranteed rights to a fair hearing, access to justice, equality and an abdication of the duties imposed upon the DPP by the constitution and this honourable court is enjoined to intervene,” he says in court papers.
In his affidavit, he state that Africa International Limited used a forged sale agreement dated 19 April 2012, forged Land Control Board Consents dated 26 July 2012 and 6 June 2014 to transfer the parcel of land
He adds that he together with other beneficiaries and Administrators of the Estate of Kanyotu like one Margaret Nyakinyua Murigu, have severally complained to the DCI about the above criminal actions.
“That in addition to the following I complained to the 2nd Respondent about the numerous threats to my life that I have received due to the above matter,” he said.
He adds hat after several years of back and forth the 20 respondent finally concluded its investigations and concluded that Trendsetters Investments Limited and Marriot Africa International Limited used forged Land Control Board Consents to transfer the parcel of land mentioned herein.
“That please also note that the official of the Land Control Board Ruiru also) denied the Land Control Board Consents presented by the mentioned companies and indicated that they had not issued the said consents,” he says
He further state that in addition to forging Land Control Board Consents the above mentioned companies Trendsetters Investments Limited and Marriot Africa International Limited filed a letter in court in ELC No. 04 of 2021 Nairobi containing my forged signature alleging that I had received money from them in regards to the parcel of land mentioned herein;
“I complained about the above mentioned letter to the 20 Respondent and after investigations the 2nd Respondent established that the said letter contained a fake signature that was alleged to be mine and thereafter the DCI forwarded it findings to the 1” Respondent for onward action, which is charging, of the culpable parties,
He adds that it is surprising turn of events DPP returned the matter to DCI and indicated that there was no criminal element in the matter and that the issue was a family dispute.
“There is clear evidence of forgery as discussed above and clear evidence of threat to my life, however, the respondents in their wisdom see no criminal wrong doing at all and please note that one of the directors of Marriot Africa International Limited on the 26 July 2023 in ELC No. 4 of 2021 admitted under oath that he did not attend the Land Control Board on the 6th June 2014 and he did not know where the Consent dated the same date emanated from, thus admitting it was a forgery,” he adds.
He adds that sometime in the year 2012 a company by the name Trendsetters Investments Limited fraudulently transferred the parcel of land into its name and thereafter it again transferred the parcel of land to its associate company by the name Marriot Africa International Limited, please see the attached certificate of lease;
“I know of my own knowledge that the two above-mentioned companies are proxies and purpose vehicles used by one Kamlesh Pattini to intermeddle with my late father’s estate,” says Kanyutu son.
In the court documents, he has attached copies of the two companies’ official searches, CR12, which clearly indicate that the two companies share the same physical and postal address. The said physical address belongs to Kamlesh Pattini, I have personally met him there on various occasions;
He further states that Trendsetters Investments Limited and Marriot Africa International Limited used a forged sale agreement dated 19th April 2012, forged Land Control Board Consents dated 26th July 2012 and 6th June 2014 to transfer the parcel of land mentioned herein above into their names.
