The Directorate of Criminal Investigations (DCI) has clarified its decision to arrest an elderly couple living in Lavington, Nairobi County.
In a lengthy statement released on Sunday, the authority noted that the matter was first reported by Munir Ahmed Chaundri, a 75-year-old living in the UK, who argued that the current occupants, Mahesh Kumar Bhatti and Anita Bhatti, illegally claimed ownership of the parcel.
The complainant claimed that he purchased the parcel in 1977, which was later rented to a construction company with links to the accused in 1984. In 1987, the company purchased half of the land.
According to DCI, Chaundri reported the matter in February 2023 after accusing the couple of denying him entry to the property, unlike previous instances where access was granted.
In its findings, the directorate noted that the construction company "is a registered company in Kenya under the Companies Act 2015, and Baldev Singh Bhatti is one of the directors/shareholders. Mahesh Kumar Bhatti is the son of Baldev Singh Bhatti, and Anita Bhatti is his daughter-in-law. This creates the nexus of them to the said land."
"The suspect in this matter has not provided the investigators with any ownership documents relating to the land in dispute," added the statement.
A clip of the arrest of the elderly resident irked Kenyans, who accused the police of abusing power during the arrest.
Some, including politician Robert Alai and activist Boniface Mwangi, argued that the police had disrupted peace in the home by allowing unidentified people to fence the property.
"I am not sure I'd maintain the cool the son has. However, it's okay to not bring up chaos at such a time when you are helpless. I hope the old father finds justice served to him in right amounts," argued activist Boniface Mwangi.
"This is a bad country, mainly because (leaders) want us living under a dictatorship regime. It's sad and we must find a way to fight back, even if it means experiencing a little more pain to win," Mwangi, a photojournalist by profession, added.
DCI, however, argued that statements shared on social media were misleading.
"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. The suspects were bonded to appear before the court to answer to the above charges," DCI stated.
"Despite the unsubstantiated stories that went viral on social media, the truth is in the facts and evidence that will be presented before court in the coming days," it added.
Section 91 of the Penal Code indicates that "Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land is guilty of the misdemeanour termed forcible detainer."
Individuals convicted of the misdemeanour face imprisonment for a term not exceeding two years, a fine, or both.
