The Judiciary on Monday weighed in on the controversial arrest of an elderly couple in Lavington over a disputed parcel of land.
In a statement, the judiciary revealed that no court orders were issued with respect to the property in question as earlier reported.
"The Court has set a mention date for directions on September 18, 2023. Consequently, no Court Orders have been issued in respect to the properties in question whatsoever" read part of the statement.
The Judiciary has assured the public that the civil case filed before the Environment and Land Court will be determined fairly.
"We remain ready to provide clarification as far as the process is concerned whenever required to protect the integrity of the proceedings," read part of the statement.
According to the Judiciary, Mahesh Kumar Bhatti and Anita Bhatti (applicants) and occupants of the land filed a case against Malkiat Singh Assi and Munir Ahmed Chowdhary (owner of the land).
The applicants sought to be declared as joint owners of the parcel of land by virtue of adverse possession.
Notably, adverse possession states that a person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met.
Judiciary added that pending the hearing and determination of the application, the court issued an order of injunction restraining the respondents and others allied to them from interfering with the applicant's quiet use, occupation, and possession of the land.
However, in a prior statement issued by the Directorate of Criminal Investigations (DCI) Munir Ahmed who resides in the UK filed a complaint after being denied access to the plot in February 2023 despite being allowed in previous years.
Following the complaint, DCI arrested the occupants for the offense of forceful detainer contrary to section 91 as read with section 36 of the Penal Code.
"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 misdemeanor termed forcible detainer," reads section 91 of the Penal Code.
DCI added that the occupants did not provide the investigators with any ownership documents relating to the land in question.
The case caused an uproar among Kenyans who argued that police were being used to grab land from unsuspecting Kenyans, especially widows and the elderly.
