Former spymaster’s son sues Amin, DPP in Sh10 billion land transfer case
The son of the late chief spymaster James Kanyotu has now sued the Director of Public Prosecutions (DPP) and Directorate of Criminal Investigations (DCI) over alleged failure to prosecute individuals among them businessman Kamlesh Pattni who allegedly forged documents relating to his family’s parcel of land worth Sh10 billion.
In his application filed in the High Court under a certificate of urgency, Willy Kihara Kanyotu through lawyer Ruiru Njoroge and Co Advocates, claims that he is a beneficiary of the estate of James Kanyotu (deceased) who among other properties was the majority shareholder of a company by the name Kangaita Coffee Estate Limited.
Justice Lawrence Mugambi of the constitutional division certified the application urgent and directed Kihara to serve the DPP and DCI with the papers within seven days.
Purpose vehicles
In his affidavit before court, Kihara says sometime in 2012, a company by the name Trendsetters Investments Limited fraudulently transferred the disputed parcel of land into its name and thereafter it again transferred the parcel of land to its associate company by the name Marriot Africa International Limited.
“I know of my own knowledge that the two companies are proxies and purpose vehicles used by one Kamlesh Pattni to intermeddle with my late father’s estate,” he claims in the affidavit.
He said that a search on the two companies showed that they share the same physical and postal address belonging to Kamlesh Pattin.
Kihara says Kangaita Coffee Estate Limited owns several properties, including parcel of land title number LR No. 11261/76 located within Ruiru township in Kiambu county.
“The land was illegally and fraudulently transferred to third parties while the parcel of land and the registered owner company were subject of a succession cause, being High Court Succession Cause Number 1239 of 2008 Estate of James Kanyotu (deceased),” he states.
Kihara wants the court to compel the DPP and DCI to institute criminal charges against parties among them Pattni for allegedly forging documents in the transfer of a parcel of land title number L.R1126/76.
He also wants the court to compel the police to avail a report on how it arrived at the decision not to prefer charges against the parties who forged the documents.
Kihara alleges that the illegalities involved forgery and use of forged sale agreement, Land Control Board Consents and acknowledgement letters.
