The High Court has barred a city businesswoman from interfering with Ksh 4.6 billion land situated in Karen.
Justice Joseph Mboya issued orders stopping Dorcas Joan Kiptoo from selling or disposing of the 66 acres of land belonging to the late Kanji Naran Patel currently being managed by his son Arvind Kanji Patel, pending hearing and determination of the suit over ownership.
"In the meantime and to avert any breach of peace and further destruction[s] in the manner complained of, l hereby granted an order of interim injunction restraining Dorcas Kiptoo either by herself, agents, servants and or anyone claiming under her from entering upon, remaining on and or in any manner whatsoever interfering with the Plaintiff (Alvind Patel Kanji) rights over the suit Property or any portion thereof pending the Inter-Partes hearing," Justice Mboya ruled.
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The judge also suspended any ongoing constructions and other activities complained of by the applicant until the case is heard.
Mboya has further directed the Sub-County Police Commandant, Karen/Langata; and the OCS-Karen Police Station to enforce his order with immediate effect.
"For the sake of peace and to avert any iota of violence, the orders herein shall be enforced by the Sub-County Police Commandant, Karen/ Langata; and the O.C.S- Karen Police Station, respectively," the court ordered.
Kiptoo was granted three days to file her responses on the allegations that she illegally trespassed on the private property belonging to Patel before March 18 when the case will be heard.
The orders were issued after Patel sued Kiptoo, the Chief land registrar, the Director of Survey and the Attorney General over interference on the land by Kiptoo with the help of AP police officers.
Documents filed in court by Patel accuse Kiptoo of forcefully taking over his 66-acre property situated in Karen Nairobi worth Ksh4.6 billion without any proof of ownership.
While seeking the interim orders, Patel told the court that on Saturday, March 2, 2021, Kiptoo hired goons and AP Officers, forcefully entered and trespassed his Property known as L.R. Nos. 2255/1 end 2255/2 situated in Karen.
“Kiptoo with her hired goons chased away my security guards and employees, threatened my tenants, demolished structures and sheds in the suit property and subsequently started to erect and fence off the suit property with poles," Patel told the judge.
According to Patel, he is the rightful owner of the estate since Kiptoo has no title deed in regard to the multi-billion property.
The plaintiff says that he assumed the management of the family estate following the death of his father Kanji Patel in 1995.
Patel disclosed to the court that Kiptoo told him on his face that she had orders "from above to take possession of the suit property."
The court was also informed that the manager recently reported the incident at Karen police plain’s police station vide OB NO.06/2/03/2024 but the police officer who accompanied him to the property was chased away by rowdy goons armed with machete.
