British Woman Alleges Unlawful Detention at JKIA Over Family Estate Dispute

JKIA Kanja
The entrance of the Jomo Kenyatta International Airport
Photo
Rene Otinga

A British woman has lodged a formal complaint with Inspector General of Police Douglas Kanja over what she described as unlawful detention at the Jomo Kenyatta International Airport (JKIA).

In documents obtained by Kenyans.co.ke, the lady alleges to have been arrested at the JKIA over a long-standing family dispute despite securing conservatory orders which explicitly prohibited any arrest, detention, or interference with her liberty.

The complainant alleges that on July 15, she was stopped at passport control in the presence of her husband and two children. Despite presenting a High Court order, she was reportedly handed over to detectives from the Directorate of Criminal Investigations (DCI), where she spent eight hours in a holding office.

She claims the detention was part of a broader campaign to intimidate and pressure her into relinquishing her role as executor of an estate that has been at the centre of a protracted dispute involving her and several associates.

JKIA Parking
An image of the Jomo Kenyatta International Airport. PHOTO/ Courtesy

While in custody, the complainant claims she received an email from one of the parties’ legal representatives, demanding that she withdraw legal proceedings and surrender control of the contested estate to a trust managed by one of the disputing parties.

“I was held for over eight hours in a DCI holding office at JKIA, in the presence of my young children. I was repeatedly threatened with incarceration, denied access to legal representation, and not told why I was being held,” the complaint reads.

The British national further claims that the tone of the email was threatening and that she received warnings she would be detained overnight at Central Police Station in Nairobi if she failed to comply.

She was later transferred to the JKIA Police Station and released at around 10:30 p.m., with no charges filed against her.

In her complaint, she asserts that her brief arrest violated multiple constitutional rights, including freedom from arbitrary arrest, the right to dignity, the right to fair administrative action, the rights of arrested persons, the rights of children, and freedom of movement.

Through her petition to the Inspector General, the woman is seeking several forms of redress, including an independent investigation by the Independent Policing Oversight Authority (IPOA) into the conduct of the officers involved in her detention.

She also called for disciplinary action by the Office of the Director of Public Prosecutions (ODPP), and contempt of court proceedings to be initiated against both public officials and private individuals involved in the real estate wrangles.

"I respectfully reserve my full rights under Article 22 of the Constitution to seek judicial enforcement of the Bill of Rights. Should no timely or proportionate enforcement action result from this complaint, I shall consider appropriate legal remedies available under Kenyan constitutional, administrative, and human rights law, including, but not limited to, declaratory relief, injunctive orders, or judicial review at a time and forum of my choosing," the petition read. 

Police Officers
Police Officers during the closing of the Multinational Security Support Mission to the Republic of Haiti Course at the National Police College Embakasi 'A' Campus.
NPS
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