The Officer Commanding Obama police station and his deputy are on the spot for allegedly obstructing the development of a plot of land bought by a former Senior Directorate of Criminal Investigations (DCI) detective seven years ago in the latest case of police abuse of power in the country.
Court documents show 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 erecting a property on a piece of land he owns 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 property since he procured it on January 8, 2018, for Sh700,000.
All this while, he has been catering to its land rates, which are payable to the County government of Nairobi.
However, on December 9, 2024, he decided to commence development at the property but the estate’s trustees stopped him claiming that the ownership of the plot was disputed in a matter they alleged was actively under probe by the area OCS.
“The respondents have not disclosed the complainant despite being requested to do so and are hell-bent on frustrating the plaintiff from developing the property without any lawful reason and colour of right whatsoever,” the affidavit states in part.
Without a basis for him to stop the development, the owner continued until xx when the accused persons moved to the property and demolished his perimeter wall.
Annoyed by their actions, the detective moved to court to stop further interference with his development and obtained a court order last month ordering the respondents to maintain the status quo of the property pending further directions by the court.
Justice Oguttu Mboya ruled that the status quo shall relate to and concern the current occupation, possession, and use of property.
“For coherence, the person in occupation of the suit property shall remain in occupation thereof pending the return date,” the judge ordered.
The orders were served to the OCS, his deputy, and the trustees of the self-help group on Monday last week and two days later, workers resumed construction at the property.
However, the Deputy OCS with alleged instructions from his boss personally visited the site and ordered the workers to stop the construction, before chasing them away from the scene.
Shocked at the turn of events, the owner of the land then served the senior officers with demand letters through his lawyer demanding that they stop meddling with the occupation and possession of the property.
The demand letter copied to the Ethics and Anti-Corruption Commission (EACC), the Independent Policing and Oversight Authority (IPOA), and the Inspector General of Police Douglas Kanja as seen by the Eastleigh Voice cautions the two officers from continuing with their biased actions regarding the property and warns of further actions for the continued disregard of the court orders.
“Your actions amount to subjudice and are a demonstration of your impunity, ridicule, contempt, and disregard of court orders that you are personally aware of.
Instead of promoting law and order, you are openly courting and promoting disregard of law and order,” the demand letter warning the two officers of contempt charges reads in part.
The matter is set to be heard in court on February 2, 2025
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