•They accuse police of refusing to investigate the couple and efforts to have Murayas held accountable have been futile.
The Gatabakis says they are anxious Chief Inspector Kinyua and SSP Joseph Muinde who were to prepare the forensics Document Examination Report are leaking some information to the Murayas.
A brother of former prominent politician Njehu Gatabaki has accused the owners of embattled real estate developers Suraya Ltd of forging their signatures in a Land transaction dispute.
In High Court application, Samuel Gatabaki through his daughter Josephine and wife want the court to compel the Director of Criminal Investigations to investigate their complaint lodged with the police against Peter and Susan Muraya on June 7, 2018.
The matter for investigation is in relation to allegedly fraudulent transfer of 136 acres out of the Fourways junction Estate from the Gatabakis to the Murayas and Mugas Developers.
They have accused the police of refusing to investigate the couple and say efforts to have the Murayas held to account have been futile.
Suraya Ltd has been in the limelight in the last weeks for the allegedly going down with millions in investors' cash after they paid for houses that were never completed.
The Gatabakis say the DCI and DPP without giving reasons have refused, failed and declined to investigate a complaint they lodged against the Murayas. They said this relates to the forgery of documents for the registration of a company called Muga Developers Ltd, which led to fraudulent land and banking transactions.
“What purports to be their signatures thereon on pages 8 and 17 of the Memorandum and Articles of Association dated July 20, 2007, are forgeries as they assert that they ever signed the said documents,” read the court documents.
The prominent couple claims that the advocate who purported to have registered the said company, Nyakio Ndwiga, has confirmed in writing that she and her law firm were never involved in the incorporation of the company.
“A second lawyer Omondi Achungo who allegedly witnessed the signatures of the subscribers did not hold a valid practising Certificate on the date he is purported to have witnessed the signatures on the said memorandum,” read court papers.
The complaint was lodged last year on June 7 and they were allegedly summoned by a Chief Inspector Kinyua who indicated to them that they had been appointed to carry out the investigations.
They duly submitted samples of their known signatures to the police through Kinyua for verification together with the complaint.
They allegedly requested the Serious Crimes and Land Fraud Division of Police to review the matter and make a decision on whether the suspects should be prosecuted.
The Gatabakis says that they are anxious that Chief Inspector Kinyua and SSP Joseph Muinde who were to prepare the forensics Document Examination Report are leaking some information to the Murayas.
They say the police have been compromised by the suspects and have denied them their entitlement to information as required by law.
“There is no proper or lawful explanation for the police's inordinate delay and refusal to act in a timely way or at all on this issue,” they argued.
They further argue that the forgeries by the Murayas were calculated to fraudulently steal and simultaneously deny them of the right to their prime and valuable properties by illegally transferring to either them or their companies and adversely charge the same to some financiers.
They also claimed that they went through the records and noticed that the report forwarded to the DPP by the investigating officer constituted documents tampered with and mischievously substituted through some investigating officer acting in collusion with the said suspects.
On July 29, 2007, the two lodged documents for registration of the company Muga Developers Ltd at the Companies Registration Office.
In a letter dated April 1, 2018, the DPP wrote a letter to the DCI directing the matter to be investigated within 21 days and the file forwarded for perusal and directions.