A family in Nairobi wants a businesswoman punished for allegedly failing to obey a court order that barred her from interfering with prime land in the upmarket Karen suburb valued at Sh4.6 billion
Arvind Kanji Patel claims Dorcas Joan Kiptoo has not adhered to the order issued by Environment and Lands Court Judge Oguttu Mboya on March 8.
The Judge stopped her and her agents from entering, remaining or interfering with the property.
“For the sake of peace and to avert any iota of violence, the orders shall be enforced by the sub-county police commander Karen/Langata and the OCS Karen Police Station respectively,” said the Judge.
Patel in his fresh application before court alleges those orders were not obeyed.
He is now seeking to have Dorcas Joan Kiptoo appear in court and explain why she should not be cited for contempt for failing to restrain herself, or her agents from interfering with Arvind’s rights over the suit property as had been ordered by the court on March 8.
Once found to be in contempt, he wants Dorcas to be punished and imprisoned for a term not exceeding six months.
Patel also wants the sub-county police commandant Karen/Langata and the OCS Karen Police station to appear before the court and show why they should not be punished for failing to enforce the court order issued on March 8.
Patel who is the administrator of the late Kanji Naran Patel told the court that Dorcas had violated the order despite being aware of it.
He told the court that he served the order on her and the other parties as had been directed by the court.
“But she has denied us and the beneficiaries of the estate of Kanji Naran Patel access, entry and peaceable enjoyment of the suit property situated in Karen,” he said.
The judge hearing the case directed that the contempt application be prioritized and be heard on May 6. She said the defendants are at liberty to file their affidavits if any.
At the same time, the court extended the orders barring Dorcas from interfering with the land.
According to the court papers, Arvind claims they have had the suit property since 1965 until March 2 this year when Dorcas allegedly invaded the property illegally.
He said the deceased Kanji Naran Patel bought the parcels of land situated in Karen, Nairobi from one Henry Albert Moore, now deceased.
When Kanji died in or about 1995, Arvind was appointed as an administrator of his estate.
The court heard that Dorcas has not adduced any document to lay claim over the suit property.
“My constitutional rights to own and enjoy property are constantly under siege due to the defendant’s encroachment and trespass of my land in Karen,” Arvind said.
