The Judiciary has addressed the controversial arrest of an elderly man conducted by the Directorate of Criminal Investigations (DCI) regarding a disputed piece of land in Nairobi’s Lavington district.
The incident, which unfolded on Saturday afternoon and drew widespread online discussions, featured DCI detectives capturing the man on video, handcuffing him, and leading him to a vehicle. When the man’s family inquired, the detectives responded that they did not require a warrant for the arrest.
In a statement issued on Sunday, the investigative agency revealed that the arrest had been prompted by a complaint filed by Munir Ahmed Chaundri, a 75-year-old Kenyan residing in the UK. Chaundri alleged that the current occupants of the land, Mahesh Kumar Bhatti and Anita Bhatti, were unlawfully asserting ownership of the parcel.
The Directorate of Criminal Investigations (DCI) has issued an official statement in response to circulating videos depicting the arrest of an elderly man believed to be involved in a land dispute within Nairobi’s Lavington district.
One of the videos, shared by Kileleshwa MCA Robert Alai on the previous Saturday, captures law enforcement officers placing handcuffs on the elderly man before escorting him to a waiting vehicle.
On Monday, the Judiciary announced that no orders had been issued on the matter due to a pending application by Mahesh and Anita at the Environment and Land Court. The couple argued that they were the rightful owners of the land based on adverse possession, and they sought a court declaration to that effect.
Among their requests, the couple asked the court to issue injunction orders restraining Munir’s family or their representatives from interfering with their use and possession of the land in question, pending the hearing and determination of their application.
The Judiciary indicated that the application had not yet been decided, with a mention date set for directions on September 18.
Critics accused the investigative agency of sidestepping proper procedures and treating the elderly man harshly. Detectives, however, maintained that the suspect had not provided documentation proving ownership of the disputed land.
According to the DCI, Chaundri claimed to have bought the land in 1977, subsequently leasing it to a construction company associated with the accused parties in 1984. In 1987, a portion of the land was sold to a company known as TM-AM. The land was divided into two plots, one of which was sold to Mahesh and Anita Bhatti, while the other was retained by Chaundri.
In August 2006, Mahesh rejected an offer from the late Malkiat Singh Assi to sell their portion of land to TM-AM. However, an agreement was reached for TM-AM to construct a perimeter wall enclosing both plots with a permanent gate for security.
Chaundri reported the matter in February of the current year, alleging that the couple prevented him from accessing the property, contrary to previous instances where he was granted entry.
Following an evaluation of the facts, the Director of Public Prosecutions directed the prosecution of Mahesh Kumar Bhatti and Anita Bhatti for the offense of forceful detainer, as outlined in the Penal Code. The suspects were instructed to appear in court to answer the charges.
Despite unverified narratives circulating on social media, the DCI emphasized that the veracity lay in the evidence that would be presented in court in the upcoming days.
The arrest was captured in videos shared by various individuals. One video, posted by Kileleshwa MCA Robert Alai on Saturday, showed police handcuffing the man and stating that he was being taken to the DCI headquarters. Another clip shared by activist Boniface Mwangi featured the man’s daughter reporting that after her father’s arrest, unknown individuals began erecting a fence on the land she had inhabited for 27 years.
