DCI wants couple it defended in land row arrested

Seven years ago, the Directorate of Criminal Investigations (DCI) recommended that businesswoman Jennifer Mwikya be prosecuted for defrauding Mr Ashok Doshi of a 2.5-acre piece on Processional Way, Nairobi.

However, investigators now want Mr Doshi and his wife Pratibha charged, as the couple says the reversed decision is an attempt to take the land.

On July 9, the High Court in Mombasa stopped the DCI from arresting the Doshis, saying the couple may have an arguable case.

The couple’s defence team of Oluga and Company Advocates said Ms Mwikya is behind a scheme to have the land repossessed despite selling it more than 28 years ago.

Director of Public Prosecutions Noordin Haji opposed the application by the Doshis, arguing that his office and the DCI are allowed to investigate complaints made to them.

He added that the Doshis have not provided proof that the investigations are malicious.

When the DCI sent officers to Mombasa to arrest the two and take them to Nairobi for prosecution, they sought intervention from the court.

SH2.4 MILLION

The judge ordered that Mr Doshi and his wife deposit anticipatory cash bail of Sh2.4 million or a bond of Sh4 million.

The couple says it bought the land from Magnam Properties Ltd – a firm Mr Doshi co-owns – for Sh150 million in 2018.

Mr Doshi says the land was originally owned by Ms Mwikya and her husband, Peter, who died at a London hospital in 1988. Ms Mwikya and her husband ran a hotel on the land through their company Greenview Lodge Ltd.

The Doshis say Ms Mwikya decided to sell the land in 1992 as she was frustrated by being constantly carjacked on Processional Way.

Ms Mwikya reportedly approached international investors and was at some point to enter into a joint venture with Sheraton Hotels but the deal collapsed.

Magnum Properties offered to buy the land for Sh20 million and a deal was reached, court papers say.

Ms Mwikya then wrote to the Doshis in 1995, saying she regretted selling the land and was willing to get a loan to have it back. She filed a complaint against Magnun Properties in 2007.

The issue was investigated by the Ministry of Lands and the DCI who concluded that the land was sold legally.

FORGERY

In 2013, the DCI recommended that Ms Mwikya be charged with forgery, making a false document and giving false information to public service officials.

Ms Mwikya unsuccessfully sued Magnum Properties and Harit Sheth, the firm’s advocate in the land deal, in 2011.

The Doshis say there has been no action since, but Ms Mwikya continues with attempts to have the land by filing complaints against the 1992 sale.

They say she is using government officials to frustrate them. On February 13, the chief land registrar cancelled the Doshis’ title deed.

Shortly afterwards, the DCI sought to have them arrested and prosecuted. The couple then obtained orders suspending the cancellation of the deed.

“It is not a mere coincidence that the petitioners’ imminent arrest is coming at a time their title deed has been revoked and the property returned to Greenview Lodge Ltd. The motive is to use the criminal justice system to silence the petitioners,” the lawyers of the couple say in their court papers.

“The respondents should not allow themselves to be used to achieve ulterior goals, which are way outside their legal mandate.”

The two blame the DCI and DPP for insisting on prosecuting them over a matter that has already been investigated.

Mr Haji said the suit will have far reaching consequences on the independence of the DCI if the court rules in favour of the Doshis.

The case will be mentioned on Wednesday.