The Directorate of Criminal Investigations (DCI) has denied malice claims in the arrest of an elderly couple at the posh Lavington estate in Nairobi.
Sleuths were captured on camera handcuffing a visibly distraught elderly man identified as Mahesh Kumar Bhatti despite his children insisting that the family had been legally residing on the property for more than 30 years.
Bhatti's children claimed that their property had been raided by unknown people who began fencing the piece of land without their consent. The arresting officers said the couple was wanted for forceful detainer contrary to section 91 as read with section 36 of the Penal Code.
The video went viral on social media with a section of Kenyans accusing the DCI of aiding land fraud.
However, in a detailed statement on Sunday, August 20, Deputy Director of Criminal Investigations Ireri Kamwende said the couple's arrest followed a complaint lodged by the owner of the property, who accused the suspects of denying him access to the land.
According to Ireri, Munir Ahmed Chaundri, 75, who lives in the United Kingdom, had sold part of his land to the family of Mahesh Kumar Bhatti and Anita Bhatti, who later illegally occupied another plot located within the same compound, locking him out.
"A complaint was made by one Munir Ahmed Chaundri a 75-year-old Kenyan citizen currently living in the UK. In his letter dated 28th February 2023, he stated that he is the registered owner of land parcel No. 209/7771/2 located in Lavington.
"He further stated that one Mahesh Kumar Bhatti and Anita Bhatti were laying claim of the same land," Ireri said.
Chaundri told the police that he acquired the property LR No. 209/7771 measuring 0.3132 hectares on April 27, 1997.
The land was registered under the late Malkiat Singh Assi and Munir Ahmed Chaundri as joint tenants as lessees.
In 1984, he rented the land to TM-AM Construction Company (K) owned by the suspects and in 1987 they sold part of the land to the couple.
According to Chaundri, the land was subdivided into two portions thus, LR. No. 209/7771/1 which was sold to Mahesh and Anita Bhatti and LR. No. 209/7771/2 which was retained by the complainant.
He told the detectives that in August 2006, the late Malkiat Singh Assi visited Kenya and discussed with Mahesh about the sale of their portion of land to TM-AM (Mahesh) who rejected the offer.
However, they agreed that TM-AM would build a perimeter wall covering both plots with a permanent gate for security purposes.
According to the DCI, the complainant used to visit the property on various occasions, however, on February 24, 2023, he was denied access which prompted him to report the matter to the DCI Headquarters.
"He provided the investigators with the certificate of title LR. No. 209/7771/2 in the name of Malkiat Singh Assi and Munir Ahmed Chaundri.
"Kamla Assi the wife of the late Malkiat Singh Assi was interviewed and she stated that her late husband in partnership with Munir Ahmed Chaundri bought the above land in the 1980s as indicated above. She confirmed that there was a mutual agreement with the purchases TM-AM to construct a perimeter wall for security purposes on the plot since the remaining part was open," DCI said.
"She also confirmed that in the year 2011, she visited the site with her son Rinpal Singh Assi and were allowed access to their plot through the common gate. She provided the investigators with a marriage certificate dated 23rd August, 1974 and a death certificate no. 326505 for her late husband."
The deceased's wife also confirmed that the plot LR. No. 209/7771/2 was donated to one Bashir Abdul Reheman (Donee) through a special power of attorney registered at the Ministry of Lands.
"Mr. Bashir stated that in February 2023 he was introduced by his lawyer to Munir Ahmed Chaundri who agreed to donate the land for a joint investment. The land was Mr. Munir's contribution to the said investment," DCI added.
"Mahesh Kumar Bhatti and Anita Bhatti confirmed to the investigators that they have resided on LR No. 209/7771/1 for over 30 years and also they have been in occupation of the other piece of land LR. No.209/7771/2."
After thorough investigations, DCI established that Mahesh Kumar Bhatti and Anita Bhatti had illegally seized the plot in question.
"Munir Ahmed Chaundri and Kamla Assi (Malkiat's widow) are the registered owners of LR. No. 209/7771/2 with tide no. IR 30800 and a deed plan No. 128892. They have also been paying the property rate," DCI said.
"Munir Ahmed Chaundri (complainant) produced a sale agreement for plot LR. No. 209/7771/1 dated 18 December, 1987 between him and Baldev Singh Bhatti a director of TM-AM Construction Company...The suspect in this matter has not provided the investigators with any ownership documents relating to the land in dispute."
The DCI further noted that the arrest and prosecution of the suspects were sanctioned by the Director of Public Prosecutions (DPP).
"The Director of Public Prosecution after considering the above facts, directed the prosecution of Mahesh Kumar Bhatti and Anita Bhatti for the offence of forceful detainer contrary to section 91 as read with section 36 of the Penal Code," DCI added.
The directorate further urged members of the public to ignore what it termed as misleading information circulating online regarding the matter
"The DCI wishes to appeal to the public not to be misled by the circulations in the social media without taking note of the above facts.
