Keep off Sh4.6bn land in Karen, court orders businesswoman
The tribunal that is chaired by Beatrice Kimemia granted a temporary stay of execution pending hearing of the matter on Monday next week .
What you need to know:
- Ms Dorcas Joan Kiptoo has been stopped from interfering by selling, or disposing of the vast land of the late Kanji Naran Patel managed by his son Arvind Kanji Patel.
- Justice Mboya certified as urgent the case filed by Mr Patel in the Environment Lands Court in Nairobi and directed all parties to appear before him on March 18 2024.
The High Court has temporarily restrained a businesswoman from interfering in a 66-acre parcel of land valued at over Sh4.6 billion in the up-market Karen suburb.
Justice Oguttu Mboya’s injunction bars Ms Dorcas Joan Kiptoo from interfering by selling, or disposing of the vast land of the late Kanji Naran Patel managed by his son Arvind Kanji Patel.
Justice Mboya certified as urgent the case filed by Mr Patel in the Environment Lands Court in Nairobi and directed all parties to appear before him on March 18 2024.
“That an order of interim injunction to restrain Dorcas Joan Kiptoo and two others either by herself, her servants and or her agents acting on her behalf from entering, remaining and or in any other manner whatsoever from interfering with the plaintiffs (Arvind Patel Kanji) rights over the property pending hearing and or further directions from this court,” directed Justice Mboya in his brief ruling.
The judge gave Ms Kiptoo three days to respond to the allegations that she illegally entered into the private property.
Justice Mboya further directed the Sub-County Police commandant Karen/Langata and the OCS Karen Police Station to enforce the keep-off order.
In the case Patel has named Ms Kiptoo, the chief land registrar, the director of survey and the Attorney General as respondents.
Mr Patel in documents filed in court says Ms Kiptoo has forcefully taken over the property without any proof of ownership.
The judge was told that on Saturday March 2 2024, Ms Kiptoo hired goons who forcefully entered and or trespassed into his property listed as L.R. Nos. 2255/1 and 2255/2.
“Dorcas together with her hired goons chased away the plaintiff's security guards, employees, threatened the plaintiff's tenants, demolished structures and sheds in the property and subsequently started to erect other structures and fenced off the property with poles and barbed wire,” says Kanji in evidence presented to the judge.
Patel further claims while the invasion took place, Administration Police officers were present and did nothing while his multi-billion shilling properties were being vandalised.
He also says Ms Kiptoo did not have any court order permitting her to enter the property.
The plaintiff says he began managing the family estate following the death of his father in 1995.
Mr Kanji says in court that Ms Kiptoo told him that she had orders from “above to take possession of the property.”
The manager of the property reported the incident at Karen Plain’s Police Station vide OB NO.06/2/03/2024 but a police officer who accompanied him (manager) to the property was chased away by rowdy goons armed with machetes.
