Four men who allegedly trespassed on a five-acre parcel in Karen that belongs to President Uhuru Kenyatta's family have been detained pending investigations.
The prosecution had asked the court to detain Mohammed Mohammud Wako alias Hussein Mohammed, James Owino Opere, Jonah Saluni Tuuko and Samakin Lesingrian for seven days to complete investigations.
But Milimani senior resident magistrate Jane Kamau directed that the four be detained for two days at the Muthaiga police station after which they be released on Sh30,000 cash bail each.
The land in question is said to be behind the Hub Mall in Karen at the Windy Ridge Junction.
In an application in court, the state had declined to disclose the name of the leader saying it’s because of security reasons.
“It would be appropriate to investigate the motive behind the forcible entry noting that it is a property of a prominent leader, due to security reasons, I wish not to disclose his name,” the application read.
However, lawyer Danstan Omari representing Opere and Saluni told the senior resident magistrate that his clients were told that the land belongs to President Uhuru Kenyatta.
“Your honour, my two clients have told me that they were told that the land belongs to the Head of State,that’s why they are here,” Omari said.
He asked the court not to detain the suspects as had been asked by the state saying seven days are many.
The prosecution said in as much the real owner of the land is well known, they are looking for the fake owner who has been duping members of the public that the land belongs to him.
The state told court that they want the four suspects to help them trace the purported fake owner who has been swindling unsuspecting members of the public.
Omari also told court that his clients were only passing by the land and didn’t trespass as alleged by the state.
Omari further said all the land owned by the Head of State's family is guarded by GSU officers so there is no way the suspects could have trespassed.
In her ruling, Kamau said there are no compelling reasons to detain the four for seven days.
However, she has allowed them to be detained for two days and will be released on Friday at 11am upon deposit of a Sh30,000 cash bail each at the police station.
The DCI wants the four to be detained to enable them to conclude their investigations into the alleged trespassing.
The police said the investigations into the matter are complex and will require further investigations to be undertaken with a view of recovering a forged tittle.
“After interrogations there is reasonable suspicion to believe that the suspects are in possession of a forged title to the same land which they are using to lure unsuspecting members of the public into believing that the title is genuine and that the land is being offered for sale” reads court papers.
The state said the suspects are willing to cooperate with the investigation officers to lead to the arrest of the other suspects purporting to be owners of the said land.
They are facing several charges including conspiracy to defraud, forgery, obtaining land registration by false presences and forcible entry.
Police believe the four who were arrested on January 3 are either directly or indirectly connected to an ongoing investigation in respect of the same land.
The case will be mentioned on January 12.
-Edited by SKanyara