The unfolding story of a land dispute in Kenya is not just a local matter but a sobering reminder of the challenges and struggles faced by individuals when seeking justice and the rule of law.
At the heart of this case is a 12-year-long battle over property and the role played by various parties, including the police.
The tale of George Njoroge’s land dispute is a perplexing web of deception, manipulation, and injustice, exposing an intricate network of individuals and institutions, including a police officer, who, in the pursuit of a rightful claim, encountered relentless challenges and systemic complications.
At the core of this grievous matter is a land lease agreement that expired in October 2021 between Mr. Njoroge and Suleman Abdulshakur Harunani.
Following the lease’s termination, Njoroge duly issued an eviction notice, expecting Harunani to vacate the property as per Kenyan law.
However, the situation takes a baffling twist when Karura Investments Ltd, of which Harunani is a shareholder, becomes embroiled in the conflict.
According to the complainant, the faceless and media-shy Suleman Abdulshakur Harunani is using his financial muscle from Text Book Center and Sarit Center to pocket and incite DCI officers to execute his personal illegal orders and ignore legal notices issued by the court.
I must put it here on record that I do not hope for or expect any relief from the said office considering that the said officer consistently claims to have direct instructions from the highest offices of the Directorate of Criminal Investigations seemingly not just to break the law with abandon as he did and continues to do but to also ensure that he does everything possible to subvert justice in the matter of my land mentioned above and to aid in whichever manner regardless of how illegal, one MR SULEMAN ABDULSHAKUR HARUNANI, A SURVEYOR at HARUNANI & ASSOCIATES AND A SHAREHOLDER OF KARURA INVESTMENTS LIMITED and his accomplices, MR SURESH and SARIT SHAH AMONG OTHER DIRECTORS OF KARURA INVESTMENTS LIMITED WHO HAVE BEEN AT THE CORE OF THIS ATTEMPTED FRAUD AND A PARTY TO THE COURT PROCEEDINGS WHO WERE EQUALLY EVICTED. The said officer claims with abandon that he has the personal backing of the most senior officers at DCI, with credible reports indicating that he was recalled back to the DCI headquarters from a transfer from a station in Mwea, Kirinyaga county to specifically assist with this fraud.
The complainant also tells this editor that Suleman Abdulshakur Harunani is either a cousin or a close relative, perhaps an extended-blood relative of DCI boss Amin Mohamed Ibrahim. He believes so, and that is why Suleman Abdulshakur Harunani of Karura Investments Ltd. believes he is untouchable in this case.
Is DCI Boss Amin Mohamed misusing his office to protect land grabbers and undoing what Kenya Police have been legally mandated to do?
If so, since he has not responded to the case publicly and neither has his office, why is it that Abdulshakur Harunani of Karura Investments Ltd. can deploy plain-clothes state officers without the set protocol?
In November last year, Karura Investment Ltd was also at the center of demolition in Westlands where the majority share-holders in the company are alleged to have orchestrated and executed a plan to grab a parcel of land.
The complainant says Mr. Harunani, disguised, or so he believes, with the help of the DCI boss, dispatched Inspector Jackson Guyo (IP/NO 237819) and a contingent of other junior officers, he believes because they did not identify themselves apart from the heavy armory they had downed to harras, intimidate and evict him from his parcel of land- LR no 12422/319 located in Muthaiga North along Coffee Garden Drive.
On the day Inspector Jackson Guyo evicted me, he was accompanied by close to thirty heavily armed DCI police officers in more than ten high end vehicles among others. It was an extremely scaring and horrific experience which has traumatised me and most of my agents to date some of who were incarcerated in industrial Area remand prison for being unable to raise bail until recently when they were released after spending close to a month in remand. The said officer declined to record any statements on the harassment complaints despite pleas from all of our agents to be allowed to do so.
Inspector Jackson Guyo, a police officer, emerges as a significant figure in this convoluted narrative. His role raises concerns about the impartiality and fairness of the Kenyan justice system.
It’s alleged that Guyo was acting on explicit instructions from higher-ranking officials, which complicated Njoroge’s quest for justice. Guyo’s involvement resulted in a traumatic eviction experience, including the incarceration of some of Njoroge’s agents.
Further complicating matters is Guyo’s connection to Harunani and the company, raising suspicions of a personal and special relationship that merits investigation.
One glaring issue is the misuse of power, particularly when it involves police officers acting on dubious instructions, such as those Guyo claimed to have received. This abuse is a matter of grave concern in the pursuit of justice.
Facts About this Complaint
The premise of the process and the suit before court was a lease agreement entered between myself and the said SULEMAN ABDULSHAKUR HARUNANI which lapsed on 15th October 2021 where upon I notified Suleman Abdulshakur Harunani to vacate my land as I intended to develop it.
Suleman Harunani did not vacate the land as expected alleging that the land belonged to Karura Investments Ltd, a company he had used to try and falsify records and take over ownership of my parcel of land and where he is a shareholder, facts that are public knowledge and which have been well documented by the National Land Commission in its official report dated 23rd June 2020 and which certified copy my lawyers applied for on 12th May 2022 and presented before court
The said report went as far as recommending on page eleven and I quote;
“The undersigned’s conclusion has been reached after having closely scrutinized the documents produced by Karura Investments Limited as is clearly demonstrated. I further recommend the instant prosecution of the Directors of Karura Investments Limited and the accomplices.” ….. End of quote
Consequently, and in accordance with Section 152E of the Land Laws Amendment Act No. 28 of 2016, on 18th October 2021, I issued Suleman Harunani with a three-month eviction notice that expired on 18th January 2022.
Suleman Harunani did not vacate the land neither did he challenge the eviction notice in court if he deemed it not appropriate as the law and fair administrative justice envisions under section 152F of the Land Laws Amendment Act No. 28 of 2016.
On 14th March 2022, and for the record, to avoid getting into an undesirable situation with the trespassers as their conduct now clearly demonstrates, I filed a suit in court seeking court’s assistance to evict Suleman Abdulshakur Harunani together with his agents, servants and employees including BM Security employees
Fast Forward:
On 9th March 2023, the ELC Court rendered its decision in which it departed from the allegations made by the respondents including Mr Guyo and held that all the evidence presented pointed to the conclusion that I was the legitimate owner of LR No 12422/319 therefore I deserved an order evicting Harunani and Karura Investments Ltd from my parcel of land.
The court equally held that I had followed the due process stipulated in law in as far as the eviction of trespassers from my Land is concerned
DCI working Against Kenya Police and the Court
Save for above, and considering there were no other directions issued during the hearing, no any other formal directions have ever been issued from the Court of Appeal in respect of the proceedings of the 27th June 2023 but the orders of status quo granted on 15th March 2023 lapsed on the 27th June 2023 and that’s why Suleman Harunani’s Advocate sought for extension of the same.
I have equally not been served with any other formal orders and/or directions by the Applicant or any other party to the appeal in respect to or emanating from the proceedings of 27th June 2023 at the court of appeal.
It’s on this premise that on 7th July 2023 at 9am, I instructed my auctioneers, to wit, Siuma Auctioneers to carry out an eviction on the said land.
Upon such eviction, which was carried out under the supervision of the OCS Muthaiga police station after verification of the court orders and upon the said property being handed over to my agents and the police leaving the property, Inspector Jackson Guyo with a battery of fully armed DCI officers in tow arrested the auctioneer Mr. Zachary Barasa Wakhungu and James Kanyua among other people he found on the property after the eviction exercise and after immensely harassing them on the ground and at the DCI headquarters charged them including myself in criminal case number MCCR/E504/2023 for a myriad of allegations including forced entry and trespassing on my land with full knowledge that they were my lawful agents with verified court orders and therefore could not be charged with trespass.
Suleman Abdulshakur Harunani deploys DCI Inspector Jackson Guyo
On 8th July 2023 at around noon while in a vehicle on my way to buy medication, Inspector Jackson Guyo arrested me in Ruiru and took me to The DCI headquarters under extremely distressing conditions considering my health challenges occasioned by chronic illnesses and advanced age.
After recording my fingerprints, he booked me at Muthaiga police station where I was held overnight on Saturday night under clear instructions from the said Inspector Jackson Guyo that I should be held without option of bail or bond despite my pleas with him.
As is characteristic of him, its noteworthy that Mr Guyo did not take or seek to take any statement from me on that material day or at any other time thereafter including my statement on harassment despite my pleas.
The Role of Deceptive DCI under Orders of Mr Harunani
in court and which the court found too biased including an analysis of some
elements of the said affidavit and my complaint letter against harassment by the
DCI on instructions of Suleman Harunani during pendency of the court
proceedings
On Sunday 9th July 2023, at around 11pm at night, I fell very ill and was rushed to Kenyatta National Hospital where I was admitted until my discharge on Thursday 19th July 2023.
On the same day, 19th July 2023, upon being discharged from hospital and taken back to Muthaiga police station, I was given a cash bail of Kenya shillings 50,000 and released to go home to recuperate. I had been released from the hospital under doctors’ directions to take rest.
On Saturday 22nd July 2023, I was taken ill again and admitted to Nazareth hospital in Ruiru and was discharged on Tuesday 25th July 2023 with directions to take bed rest for additional two weeks.
Upon discharge I proceeded to Muthaiga police station to register my complaint against the said officers of the DCI led by Mr Jackson Guyo and his accomplices for interfering with a lawful and legal process, blocking my attempt to enforce a legal and varied court order and for illegally and violently evicting me from my land and handing it over to the illegal guard of an unauthorized entity, BM Security Services.
At Muthaiga police station, I was informed and properly explained by the officer in charge of the OB that the law does not anticipate a situation where I can register a complaint against a police officer acting on duty as an OB entry.
I was advised to lodge the said complaint at the complaints section at the DCI headquarters which advice I believed was honest and true.
Consequently, I proceeded and lodged my complaint at the DCI headquarters along Kiambu road as indicated earlier in this letter but I have since not received any response more than one month later.
On 3rd august 2023, I moved to high court under certificate of urgency seeking the stay and suspension of the illegal and malicious charges preferred against me and my agents by Inspector Jackson Guyo, the DCI and the office of the DPP.
The said charges have since been suspended vide a court order dated 4th august 2023.
Critical facts surrounding the title to my land
On the evening of February 7th 2021, my then lawyer, one Mr Benson Njau Kayai was abducted by unknown people along Muhoho Avenue in Nairobi South C area at around 5.30 PM.
Being an officer of the high court of Kenya, the said abduction was widely covered both in print and digital media including by most national media houses and television stations. To date, he is still missing.
At the time of his abduction, Mr Njau Kayai had the physical possession and custody of my title. Upon his disappearance, his office became inaccessible due to investigations by the police and the DCI.
Most of his clients including myself had immense difficulties accessing their documents from the law firm. I personally sort the assistance of various entities including that of the Law Society of Kenya (LSK) and the DCI in effort to establish the fate of our documents.
certified
certified
Consequently, as the matter dragged on, a decision was made and the title was declared lost. In July of the same year, and in accordance with the procedure laid down in law, I started the process of replacement of title.
In accordance with the law, this would entail not just reporting the said loss to the police (whose report was made at Nairobi central police station on 14th July 2021), but also publishing all facts about the loss and details of my land openly by the government printer, preceded by public advertisements in at least two major national print media publications, whereupon I chose to advertise the same in the Nation and the standard newspapers in my effort to reach a wide audience.
Title Bleeds: Unresolved Disappearence and Case Oriented Deaths
Considering the conduct of Inspector Guyo and his zeal, and determination to pursue me and my agents with all means possible, however illegal, it goes without saying that the journey ahead is tough while refusing to believe his claim to have the backing and instructions of the senior most DCI office considering the integrity of the said office and its holder.
It’s also my humble plea to the Inspector General to direct the Director at the Directorate of Criminal Investigations, together with his officers, to stay away from this dispute and let the Judiciary which is competently seized of the matter, decide the dispute. The National Police Service wing should not be allowed to be misused.
To this end, I have found it necessary to lay bare all the facts so that the doubts deliberately created by Inspector Guyo and the DCI in regard to the legitimacy of my title easily collapse before the minds of the good people who care about the rule of law and where I know we all belong.
It is my honest hope that I will get justice and protection from the said officer and his accomplices, who seem to have clear instructions to ensure that I abandon my quest to get back to my land as per the court directions and who seem determined to ensure that I do not get to enjoy the fruits of my pursuit for Justice and who I believe will go to any extent and will continue to employ any illegal means to frustrate me and my agents.
To say that I live in fear is an understatement. I have watched as my lawyer disappear from the face of the earth without trace.
I am equally aware that the NLC investigating officer who condemned the documents in possession of Karura Investments Ltd suddenly collapsed and died on a pavement under circumstances not so clear and not so long after the delivery of the said report.
However, I will not be intimidated in the pursuit of my ownership rights and will fight to the very end. Even in my absence, this fight will continue, and we shall win.
I will never allow Karura Investments Ltd nor their powerful backers or Mr Suleman Abdulshakur Harunani to bask in the glory of fraud regardless of how many years it takes and regardless of whichever illegal means they employ I am confident I will legally defeat them.
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The post Title Bleeds: How Suleman Abdulshakur Harunani of Karura Investments Ltd is using DCI to Middle finger the Courts and Grab Prime Parcel of Land appeared first on Cyprian Nyakundi.