Watamu cops blamed for failing to execute court orders in multimillion property tussle

Joyce Reinhard Jepleting the attorney of the Watamu Multi million property with Moses Rop addressing journalists at a Malindi hotel on September 12. They said they were being frustrated as police had failed to excecute court orders allowing them to take over their property in Watamu./ALPHONCE GARI
Joyce Reinhard Jepleting the attorney of the Watamu Multi million property with Moses Rop addressing journalists at a Malindi hotel on September 12. They said they were being frustrated as police had failed to excecute court orders allowing them to take over their property in Watamu./ALPHONCE GARI

A Kenyan family and Switzerland investors have accused Watamu Police of failing to execute a court orders seeking to evict occupants from a multimillion hotel and rental houses investments.

The court gave the orders on August 20 2018 for a Bailiff to give possession of the property to Joyce Reinhard Jepleting, Daniel Bernhard Reinhard and Elizabeth Bernhard Reinhard.

The property includes Mawimbi lodges which consist of 47 luxurious bungalows and a hotel together with 17 Swahili rooms all located within a prime area of Watamu village.

The property is currently being occupied by Damaris Nthenya and an Italian National Giovanii Ozzi who were defendants in a civil suit filed six years ago.

Jepleting together with Moses Rop another attorney of the property said they were being frustrated by the police who are not helping to implement the orders.

The high court orders directed the OCS Watamu police station to give security during the execution/enforcement of the warrant by the Bailiff who was supposed to give possession of the property which includes plot numbers 588, 589, and 654 Watamu.

Malindi OCPD Matawa Muchangi dismissed claims that police had refused to comply with the orders and asked to be served by the court if there were such complaints.

Jepleting who lives in Switzerland said she has spent a lot of money in the case from 2012 but now things were not going as smoothly as ordered.

She appealed to Inspector general of Police Joseph Boinnet and all relevant government bodies to intervene and help her reclaim the property.

“Am being frustrated I keep moving from this to that office, spending money now I have nothing at all I cannot even afford transport, and my children depend on me,’’ she said.

She said Nthenya was daughter to a former employee who was allowed to manage the property but decided to take over the property illegally and begun selling some of the investments to Italians after her mother’s death.

The court through justice James Olola found out that the plaintiffs were the rightful owners of the property after a search revealed that the three properties were registered under Joyce Jepleting Reinhard Rebstein as freehold titles.

Rop wondered why the process was taking too long despite the fact that orders were very clear and asked the Ethics and Anticorruption Commission to intervene.

Lucy Ngisiang’e, The Court Bailiff from Voi on Wednesday signed an affidavit of service saying she has been in Malindi since September 8 for the purpose of executing the order but has not been able to execute the same due to the failure by Watamu OCS, Chief Inspector Charles Rotich to provide her with security and or assistance to for enforcement of the warrant.

“I swear this affidavit to declare that I have attempted to execute the warrant to the Bailiff to give possession of land dated August 20, 2018, issued by this honourable court but I have not been able to do the same due to the failure by the OCS,’’ she said.

Ozzi the Italian was served with the orders and agreed to comply with the warrant.

However, by Wednesday he had still not vacated the premise at Mawimbi lodge.

When contacted for comment he told journalists he needed time to clear with tenants but did not give specific timelines.