Zimman Settlement Scheme chairman Francis Kirima has written to several government agencies complaining of harassment, illegal arrests and detention by Kasarani OCPD, Peter Kimani.
Through his lawyer Aggrey Kenyatta of Adera and Kenyatta advocates, Kirima has written a complain letter to the Chairman, National Police Service Commission, Inspector General of Police, Directorate of Criminal Investigations and Director of Internal Affairs Unit.
The internal affairs unit falls under the National Police Service. It deals with public complaints against the police.
Hot News has seen the letters.
The Ethics and Anti Corruption Commission and the office of the Attorney General as well as Nairobi County Police Commander have been served.
In the letter, Kirima;s lawyer protested that while there is an ongoing land case in court and a court order, OCPD Kimani has been arresting Kirima pretending to be investigating the title to the suit property.
The land in dispute is a 200 acre piece of land on Thika road.
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The case has been in court for many years even before Kimani was posted to Kasarani.
He has been in charge of the Station for less than one year.
OCPD Kimani did not respond to text message seeking his comment.
On Wednesday morning Hotnews spotted four armed police officers from Kasarani police station accompanying several individuals and a surveyor to put beacons on a plot at the disputed land.
History of the Zimman Land tussle
The expansive land with more than three thousand members is on Thika superhighway before one gets to Githurai and president Uhuru’s cousin Kung’u Muigai and Joseph Mathia among others have laid claim to LR No.123/1-279 formerly L.R No.57/26.
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A court order which is still in force dated April 19 2013 issued by Justice David Majanja quashed criminal proceedings against Kirima and two others, Peter Mutiga and George Omondi being the secretary and treasurer for Zimman Settlement Scheme Society respectively.
The trio had moved to the High Court’s Constitutional and Human Rights division by way of a petition No. 461 of 2012 seeking to halt criminal proceedings against them before the land ownership suit was heard and determined.
At the time, the Director of Public Prosecutions, Commissioner of Police and the Attorney General were listed as first, second and third respondents.
“The Director of Public Prosecutions and the Inspector General be and are hereby restrained from investigating or in any way dealing with allegations of forgery or fraud relating to the conveyance dated 8th October 1977 from Kentiles Limited to Muigai and Others or title to properties known as Nairobi Block 123/1-279(formerly LR No. 57/26) situated in Kasarani,Nairobi unless otherwise directed by the court.” ordered Majanja.
The lawyer said constant arrests of his client through express orders of the OCPD amounts to impunity and contempt of court.
“This dispute is already the subject of ELC No.346 of 2002 and ELC No. 2367 of 2007 and was the basis of the petition in which the High Court issued restraining orders against the Inspector General of Police and the Director of Public Prosecutions. These orders were never appealed against, varied and or set aside and are therefore still in force.” Lawyer Kenyatta said in the protest letters.
Kenyatta said his client has never been taken to court despite weekly arrests by the police.
“Despite all these, the OCPD has subjected our client to almost weekly arrests, detention for long hours and eventual release without preferring charges.” Kenyatta said.
The lawyer continued, “This is therefore a formal complaint to your office to intervene in this matter by directing the OCPD Kasarani, to strictly comply with the court orders and to forthwith stop the unlawful harassment and illegal arrests of our client.”