The High Court on Wednesday restrained the DPP and Inspector General from arresting, charging or prosecuting a Nairobi lawyer for trespassing in a disputed land in Kajiado.
Justice Chacha Mwita gave the directives following Alfred Nyandieka's request for conservatory orders stopping the Director of Public Prosecutions and police from arresting or charging.
He said there had been threats from the DCI and the DPP to have him apprehended.
“A conservatory order is hereby issued restraining the DPP and IG or their agents from harassing, intimidating, arresting, charging or prosecuting the petitioner in any matter arising from the parcel until November 25," Mwita ruled.
He directed the DPP Nordin Haji, IG Hillary Mutyambai and Attorney General Paul Kihara to file and serve responses to the petition within 21 days.
Nyandieka through lawyers Harun Ndubi and Steven Nzaku, said he was representing his client Penwel Nyamweya who is charged with five others in a criminal case before a Mavoko court.
He also held brief on several occasions for lawyers representing the other accused persons in the criminal proceedings.
The accused persons have been charged with five, including forgery, giving false information to a person employed in the public, conspiracy to defraud and abuse of office.
They are alleged to have conspired to defraud and forged a title dead of John Kariro for a parcel of land worth Sh15 million. Karito had sold the land to George Mitei.
Nyandieka said he acted for the other suspects in the case in which Mitei is the main complainant.
One of the accused persons, Kuya Nairina, said he had been living on the land with his family.
Nyandieka said he took up the case to represent the other accused persons after their lawyers failed to turn up.
"After taking up the matter upon my clients’ request, I was instructed to obtain necessary witness statements and evidence in preparation for case. I took a taxi to Nairina’s home, did my interview and identified potential defence witnesses from his neighbours,” Nyandieka said.
He said he was shocked to learn that Nairina, the taxi driver and some of the intended witnesses were arrested and charged with trespass in the said land.
On July 12, persons identified as corporal Okore from Central police station visited his office where they found his staff and purported to have an arrest warrant for trespassing the land where his clients reside.
“The actions by the respondents have thus occasioned me great torment, distress and mental psychological torture and interfered with my daily business as an advocate."
The case will be heard on November 25.
edited by peter obuya
