There is new controversy over a disputed multi-billion shilling property in the high-end Muthaiga estate in Nairobi. The property pits Equity Bank chief executive officer James Mwangi and Mount Pleasant Director Anverali Amershi who are both laying claim to the property.
Amershi claims he bought the three-acre parcel from former Finance minister Arthur Magugu and his wife, Margaret Wairimu, at Sh130 million on July 21, 2007.
He wrote to interior Cabinet Secretary Kithure Kindiki seeking his intervention to remove armed police officers who had apparently taken over the security of the property.
“Over the years, our quiet possession of the Properties has been continuously threatened by third parties who wish to evict us and take possession of our property by any means necessary,” he wrote in the letter dated November 2.
“The threats have led us to previously obtain police protection from Muthaiga Police Station and further pursue legal redress in court.”
There is a case pending in court between the Company Mount Pleasant Limited against James Njuguna Mwangi and three others.
He said on October 29, 2022, at about 11:00 am, they were informed by the security personnel at the property that a vehicle with around four armed Administration Police officers allegedly from the Rapid Deployment Unit (RDU) had visited the property.
“On inquiring further from the said police, they left the property only to return in a lorry containing around 15 armed officers on Monday, November 1, 2022, at about 1:00 pm and trespassing onto our property, forcefully evicting our guards.”
The head of the team told the owners he was under instructions from a Mwangi to protect his property from a possible trespass by certain persons.
He told the CS this matter is currently in Court and the Court ordered on October 19 2022 that the status quo be maintained.
He said they have made complaints to the interior Office, the Inspector General’s Office and several other offices seeking assistance.
“We seek the intervention of your good office in this matter and request that your office directs investigations and prosecution of all parties in the state’s employment responsible for the illegal and forceful eviction of our personnel and trespass onto our property,” the letter says.
He wants Kindiki to instruct the Inspector General of Police to order the removal of the police from his private property with immediate effect and restore their security thereon.
“Instruct the Inspector General of Police to ensure that we have sufficient security for our property through the OCS – Muthaiga Police Station.”
He enclosed a number of documents to demonstrate their ownership of the properties as well as demonstrate their efforts to seek assistance.
In July this year, Mwangi secured a court order blocking his possible investigation or arrest over the property.
Justice Hedwig Ong’udi granted Mwangi a temporary order stopping any arrest or questioning and transferred the constitutional petition to the land court, which is handling the Muthaiga land dispute.
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The Equity Bank CEO filed the constitutional suit on July 21, seeking to block the Director of Public Prosecutions, Noordin Haji, and the Director of Criminal Investigations, George Kinoti, from arresting or charging him.
Amershi argued the anarchy of the past still bites and Mount Pleasant Limited they bear the scars of this anarchy and impunity from the patrons who operate extra constitutionally and infringe on honest and hard-working entities as our case below confirms.
“We conferred with the land registry and got certifications and confirmations of our genuine, consistent and verifiable ownership from the Land parcels that even the honourable Cabinets for lands and physical planning secretary Ms Farida Karoney sought advisory opinion on gazettement and reconstruction of land registers in respect of the said land parcels.”
Part of the land has also been claimed by the United States International University (USIU).
