Senior police officers accused of interfering in private land dispute in Nairobi

The Officer Commanding Obama Police Station (OCS) and their deputy are under scrutiny for allegedly obstructing the development of a plot of land purchased by a former senior Directorate of Criminal Investigations (DCI) detective seven years ago. This is the latest case of alleged police abuse of power in the country.

Court documents reveal that Chief Inspector Cess Otieno and her deputy are allegedly being used by the trustees of the Obama Self-Help Group's estate office to frustrate the legal owner of the land from developing his property within the estate.

According to an affidavit filed at the Milimani Law Courts, Michael Mugo, the owner of property number 570 off Kangundo Road, has peacefully occupied the land since purchasing it on January 8, 2018, for Sh700,000. He has been paying its land rates, which are due to the Nairobi County Government.

However, on December 9 last year, Mugo began developing the property, only to be stopped by the estate trustees, who claimed the plot's ownership was disputed. They alleged that the matter was under investigation by the area OCS.

“The respondents have not disclosed the complainant despite being requested to do so and are determined to frustrate the plaintiff from developing the property without any lawful reason or colour of right whatsoever,” the affidavit states in part.

Despite the lack of grounds to halt development, Mugo proceeded with construction until the accused officers demolished the property’s perimeter wall.

Angered by these actions, Mugo sought legal intervention and obtained a court order last month directing the respondents to maintain the status quo regarding the property pending further court directions.

Justice Oguttu Mboya ruled that the status quo applied to the current occupation, possession, and use of the property. “For clarity, the person in occupation of the suit property shall remain in occupation thereof pending the return date,” the judge ordered.

The court orders were served to the OCS, their deputy, and the estate trustees last week. Construction resumed two days later. However, the Deputy OCS, allegedly acting on instructions from their superior, visited the site, ordered the workers to stop construction, and chased them away.

Shocked by this turn of events, Mugo, through his lawyer, issued demand letters to the senior officers, instructing them to cease interfering with his property.

The demand letter, copied to the Ethics and Anti-Corruption Commission (EACC), the Independent Policing Oversight Authority (IPOA), and Inspector General of Police Douglas Kanja, warned the officers against continuing their biased actions and ignoring court orders.

“Your actions amount to sub judice and demonstrate impunity, ridicule, contempt, and disregard for court orders of which you are personally aware. Instead of upholding law and order, you are actively promoting its violation,” the letter reads in part.

The matter is scheduled for hearing in court on February 2.