Nairobi, August 21, 2023 - The Directorate of Criminal Investigations (DCI) has shed light on the circumstances surrounding the arrest of an elderly couple residing in Lavington, Nairobi County, following allegations of land ownership disputes.

In a comprehensive statement issued on Sunday, the DCI clarified that the arrest stemmed from a complaint filed by Munir Ahmed Chaundri, a 75-year-old UK resident. Chaundri asserted that the current occupants of the property, Mahesh Kumar Bhatti and Anita Bhatti, had illicitly laid claim to the land.

According to the complainant, he acquired the parcel in question in 1977 and subsequently leased it to a construction firm linked to the accused couple in 1984. By 1987, the company had acquired 50% ownership of the land.

DCI's investigation revealed that Chaundri formally reported the matter in February 2023, alleging that the couple had barred him from accessing the property, contrary to previous instances where entry had been permitted.

The investigative body unveiled a noteworthy connection, stating, "The construction company is registered under Kenya's Companies Act 2015, with Baldev Singh Bhatti as one of the directors/shareholders. Mahesh Kumar Bhatti is the son of Baldev Singh Bhatti, and Anita Bhatti is his daughter-in-law. This establishes their link to the contested land."

The statement continued, "The suspects implicated in this case have failed to provide any valid ownership documents related to the disputed land."

The arrest of the elderly resident was captured on video and circulated on social media, prompting public outrage over perceived police misconduct during the apprehension.

Critics, including prominent figures like politician Robert Alai and activist Boniface Mwangi, accused law enforcement of excessive use of power and disrupting peace by allowing unidentified individuals to fence off the property.

While acknowledging the tension surrounding the incident, Boniface Mwangi expressed empathy for the elderly father, stating, "I'm not sure if I could remain as composed as the son. Although it's difficult not to escalate the situation when you're feeling helpless, it's important to avoid chaos. Hopefully, justice will be served to the elderly father."

In response, the DCI dismissed claims shared on social media as misleading, asserting that, "After reviewing the facts, the Director of Public Prosecutions directed the prosecution of Mahesh Kumar Bhatti and Anita Bhatti for the charge of forceful detainer, as stipulated in section 91 of the Penal Code, in conjunction with section 36."

Addressing the ensuing online speculation, the statement affirmed, "Despite the unsubstantiated stories that gained traction on social media, the reality lies in the evidence and information that will be presented before the court in the forthcoming days."

Section 91 of the Penal Code defines the offence of forcible detainer, indicating that individuals who possess land without lawful authority and exhibit behavior likely to incite a breach of peace can be charged. Those found guilty of this misdemeanour could face imprisonment, fines, or both, as outlined by the law.