@NemaKenya How come no action is being taken against the matatus playing loud music, flashing those blinding lights and blocking all the junctions along cbd through out the day.
High Court and Court of Appeal Ruling Ignored as Senior DCI Officers Harass Landowner
In 2010, Bharat Ramji, Harish Ramji, and Ashvin Ramji purchased a parcel of land from the National Social Security Fund (NSSF).
This prime real estate situated along Mombasa Road Next to the Mombasa Cement factory was a major investment but what began as a promising acquisition soon spiraled into a bitter legal battle marked by fraud, goon invasion, and allegations of corruption within our law enforcement system.
The Ramji family's ordeal started innocuously enough.
They acquired the land legally, receiving the title deed from NSSF.
But as fate would have it, Mombasa Cement Limited, a powerful entity with deep connections, had its sights set on the same land.
In a brazen move, Mombasa Cement deposited money into the NSSF account without any formal agreement or authorization, following which they orchestrated an illegal eviction of the Ramjis using hired goons who not only evicted them but also demolished parts of the boundary wall to amalgamate the property with their own factory premises.
The Ramjis, now dispossessed of their land, sought justice in the High Court at Milimani.
Justice Kossy Bor presided over the case, which seemed straightforward enough given the clear legal ownership documents the Ramjis held but in a surprising turn of events, Justice Bor ruled in favor of Mombasa Cement, validating the company's counterclaims of fraud and improper acquisition against the Ramjis.
The ruling shocked many and was perceived as a glaring miscarriage of justice.
Undeterred, the Ramjis appealed to the Court of Appeal and their persistence paid off.
In Civil Appeal No. 590 of 2019, the appellate judges – Justices Musinga, Ngenye, and Omondi – delivered a scathing critique of the lower court's judgment.
They meticulously dismantled the arguments presented by Mombasa Cement and acknowledged the validity of the Ramjis' title.
The Court of Appeal ordered that the land be restored to the Ramjis and Mombasa Cement evicted.
By March 2024, the property was rightfully back in the hands of its owners which marked a legal victory for the family.
But the victory was short-lived.
Mombasa Cement (leveraging its connections within the corridors of power) launched a retaliatory campaign.
Using its influence, particularly its involvement in constructing police station walls in Mombasa and Nairobi, Mombasa Cement enlisted the help of high-ranking officers within the Directorate of Criminal Investigations (DCI) and reportedly hatched a plan to reverse the Court of Appeal's decision.
The strategy was to use their authority to harass and intimidate the Ramji family in an attempt to coerce them into relinquishing their land once more.
The summonses came swiftly.
Bharat, Harish, and Ashvin Ramji were repeatedly called in for questioning by the DCI.
Under relentless pressure, they turned to the judicial system for protection.
Kiambu High Court became their refuge.
On 24th April 2024, Bharat Ramji, Harish Ramji and Ashvin Ramji obtained crucial judicial review orders from the Kiambu High Court which were signed by Hon. Lady Justice Dorah Chepkwony.
These orders were issued to restrain the Directorate of Criminal Investigations (DCI) and the Inspector General of Police from arresting or harassing the Ramji family.
The application was certified as urgent.
Court granted leave to the Ramjis to file a substantive judicial review application which allowed them to formally challenge the actions of the DCI and the Inspector General of Police.
The leave granted operated as a stay, meaning that any actions by the DCI or the Inspector General of Police to arrest or harass the Ramjis were temporarily halted pending the hearing and determination of the substantive judicial review
The matter was set for mention on 20th June 2024 to confirm compliance with the court orders and to ensure that the judicial process was being followed correctly.
DCI and Inspector General of Police were given seven days upon service of the court orders to file their response to the judicial review application.
Despite having been served with orders restraining the arrest via Kiambu High Court Judicial Review Case No. HCJR/E010/2024, Wilhelm K. Kimutai (emboldened by his connections and a misplaced sense of invincibility) continued his campaign of harassment, ignoring the High Court's orders and further complicating the Ramji family's efforts to reclaim their property.
In their detailed judgment, the Court of Appeal judges found substantial flaws in the initial trial court's handling of the case.
They pointed out several key misdirections.
The appellate court noted that the trial judge had disregarded crucial evidence regarding the assignment of the suit property from Golden Terrace to the Ramjis.
"The learned judge failed to appreciate and give effect to the provisions of section 23 (1) of the Registration of Titles Act," the Court of Appeal stated.
The Court of Appeal also underscored the indefensibility of the Ramjis' title, stating, "There was no dispute that they were the registered proprietors of the suit property." The judges criticized the trial court for not recognizing this legal fact.
Addressing the clerical error in the transfer documents, the Court of Appeal clarified, "It is obvious that there was a clerical error in the preparation of the transfer document in making reference to LR No. 11895/48 when the subject matter in the entire transfer was LR No. 11895/50."
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