Kiambu County Police Commander Michael Muchiri faces potential imprisonment for failing to carry out a court order to evict Ngengi Muigai, a cousin of former President Uhuru Kenyatta, from a 443-acre property in Thika.
The court order, issued in 2017 by High Court Judge John Havelock, mandated Muchiri to assist Bidii Kenya Ltd in evicting Muigai’s Muiri Coffee Estates from the land.
High Court Judge Freda Mugambi has directed Muchiri to appear before her on March 12 to provide an update on the eviction process.
“This court will issue an order for the county police commander to appear personally before court to explain the status of compliance on March 12, 2024,” ordered Judge Mugambi.
Despite Bidii Kenya Ltd’s acquisition of the property in a 2007 auction from KCB Bank, Muiri Coffee Estates owned by Muigai has resisted eviction attempts.
Muiri Coffee Estates was acting as a guarantor for a loan taken by Benjoh Amalgamated, another company owned by Mr Muigai. Benjoh took a loan from KCB in 1988 but defaulted on the loan. The bank thus repossessed the land and sold it via an auction to which Bidii Kenya Ltd won.
Despite numerous legal motions filed by Muiri Coffee Estates, including appeals to higher courts and the National Assembly, they have consistently lost.
Bidii Kenya Ltd’s lawyer, Issa Mansur, argued in court that Muchiri should be held in contempt for failing to enforce the eviction order, noting the lack of progress in removing Muiri Coffee Estates from the land.
Mansur urged Judge Mugambi not to let Muchiri off the hook, expressing concerns that allowing further delays could undermine the court’s authority.
