Ngirici in the spot for using GSU to intimidate, occupy multi-billion land in Mombasa

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A Mombasa-based developer has accused former Kirinyaga Woman representative Purity Ngirici of using police attached to her office to intimidate and deny him access to a multi-billion land in the suburb estate of Nyali.

Shekha Salim, through his lawyer Kinyua Kamundi, said that the General Service Unit Police (GSU) manning the disputed property was a security officer extended to Ngirici, chair of Kenya Seed Company (KSC), a fact Ngirici has denied and demanded for evidence.

“The 2nd defendant (Purity Wangui) is using the National Police Service (NPS) for private purposes in a manner calculated to enable the company and her associates to arbitrarily keep the property they had deprived the plaintiff in violation of article 40 of the Constitution,” said Salim.

He told Justice Antony Ombwayo that the Inspector General of police (IG) was using the GSU officer to maliciously investigate his attorney.

Salim accused Ngirici, her husband Peter Ngirici, Francis Ngirici, alongside James Muriuki, Giriama Central Associates and Properties and the IG of using an armed GSU officer to illegally occupy his land.

“The court be pleased to stop the IG by himself and any of his officers from carrying out any further investigations of Salim’s attorney in relation to the recovery of the suit premises from the defendants,” said Kamundi.

The developer wants the Ngiricis to deposit Sh25.635.5965 million as mesne profit for occupying the suit property from 2015 to 2026.

He applied for an order to vacate the Ngiricis from the land, failing which forceful eviction would be instituted, and also barring them from entering the premises.

Salim said he purchased the suit property in Shree Links Estate, Nyali, from Mwaka Limited in 2015, who was the rightful owner from August 9, 2006, to November 13, 2015, when it was transferred to him.

He said that the Ngiricis, who are directors of Giriama Central Association and Properties Management Limited, obtained possession of the suit property unlawfully through a forged lease.

He said Ngirici’s company purportedly purchased the said land from Baluchi in 2012 for Sh50 million, yet Ayub Baluch was not the registered proprietor and the said lease expired on July 31, 2015, and was never renewed or extended.

The developer said the lease was purportedly granted by Baluchi on August 1, 2012, with a monthly rent of Sh120,000 payable half-yearly in advance with an escalation of four percent per year.

Giriama Central Association and Properties had filed a petition against Baluchi, Mohsen Mohammed and Mwakasa Limited in 2012, claiming ownership of the suit premises, seeking an order of specific performance as well as an injunction.

However, the case was later dismissed on April 13, 2022, and it was held that the agreement between Giriama Central Association and Properties Management Limited and Baluchi was invalid because he was not a valid registered proprietor and the company had not paid the purchase price.

Kamundi said that Andrew Ngirici purported to grant a lease of the suit premises to Muriuki on November 1, 2023, more than one year after the court dismissed their suit and the judgment has not been set aside.

He said the tenancy agreement between Andrew Ngirici and Mukiuki was fraudulent and meant to help the Ngiricis retain the suit property.

In their replying affidavit, Ngiricis said that there was no evidence showing the use of GSU to retain the land or harassment by IG.

Purity said neither of them was a police officer or have power to direct police officers on how to conduct their duties.

“The plaintiff (Salim) has only laid out preposterous allegations of forcible detainer, use of police and harassment by IG without laying out any cogent evidence in that regard, the veracity of whose ought to be tested at full trial,” said Ngirici.

She said the court did not determine that Mwakasa Limited was the absolute indefeasible owner of the suit parcel of land, and no evidence was ever produced in that regard.

Purity said the suit land was sold to Salim in the pendency of the case between Giriama Central Association and Properties Management Limited and Baluchi.

She said they were never parties to the dismissed suit between Giriama Central Association and Properties Management Limited and Baluchi and that they will be condemned without trial if the case proceeds without their defence.

“A company enjoys a separate legal personality from its directors and even if it had been demonstrated that we are directors of the Giriama Central, which has not, the same does not warrant the plaintiff (Salim) suing us in our personal capacity for acts done by the company without having lifted the corporate veil and adduced sufficient evidence in that regard,” said Ngirici.

Ngirici said Salim has not proved they were ever in possession of the said land to demand a deposit of Sh25.635.5965 million as mesne profit.