The Mwadi Women Group has taken a Ksh300 million land dispute to court, seeking permission to initiate private prosecution against four individuals and a company over alleged land fraud.
In a petition filed at the magistrate’s court, the Mwadi Women Group names land registrars Stephen Chege Njoroge and Diana Yagomba, along with James Mugoye and Farid Andurazuk Sheikh, directors of Reality Limited, as the key figures behind the alleged fraudulent dealings.
The Mwadi Women Group claims rightful ownership of the contested 2.2-hectare parcel located along Mombasa Road, asserting that the land is legally registered under their name.
The group accuses the Office of the Director of Public Prosecution (ODPP) of failing to act despite police investigations recommending prosecution. According to the Nwadi Women Group, the DPP’s authority is not unchecked, stating, “We are not disputing the DPP’s powers but emphasize that these powers must align with constitutional principles and court oversight.”
They are urging the court to allow private prosecution due to what they term prosecutorial delay, arguing the matter is of public interest given the alleged misappropriation of public land and potential constitutional violations.
In response, the ODPP denied claims of inaction, stating that prosecution is pending the conclusion of investigations by the Directorate of Criminal Investigations (DCI).
“The decision to charge will be based on an independent assessment of the evidence to determine if it meets the threshold required for prosecution,” the ODPP said.
The ODPP also argued that the Mwadi Women Group had not demonstrated sufficient prosecutorial reluctance or failure, which are necessary legal standards for approving private prosecution.
The magistrate’s court is now set to determine whether the Mwadi Women Group has met the legal threshold to proceed with private prosecution or if the matter remains within the scope of the state’s ongoing process.