In Summary:
- Women Group files a petition seeking permission to initiate a private prosecution against four individuals and a company involved in an ongoing land dispute.
- The group is requesting the court to grant them leave to prosecute Land Registrars Stephen Chege Njoroge and Diana Yagomba, as well as James Mugoye and Farid Andurazuk Sheikh
The Mwadi Women Group has filed a petition before a magistrate’s court seeking permission to initiate a private prosecution against four individuals and a company involved in an ongoing land dispute.
In their application, the group is requesting the court to grant them leave to prosecute Land Registrars Stephen Chege Njoroge and Diana Yagomba, as well as James Mugoye and Farid Andurazuk Sheikh—both directors of Reality Limited.
The petitioners claim they are the rightful, registered owners of a 2.2-hectare parcel of land located along Mombasa Road, which they say is currently valued at Ksh.300 million. They allege that despite police having concluded investigations and submitting a report recommending prosecution, the Office of the Director of Public Prosecutions (ODPP) has failed to act on the matter since last year.
In their submissions, the group emphasized that while the DPP holds prosecutorial authority, that power is not beyond scrutiny. “The DPP’s authority is not absolute,” they argued. “We do not seek to undermine the DPP’s powers, but rather to underscore that these powers are constitutionally subject to court oversight.”
The applicants maintain that the case is of significant public interest, involving the potential loss of public funds, and they insist that there exists prima facie evidence of constitutional violations. They are urging the court to intervene and permit them to proceed with a private prosecution, citing prosecutorial delays or possible reluctance to act.
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However, the ODPP has strongly opposed the petition. In its response, the DPP clarified that the remaining suspects will be charged once the Directorate of Criminal Investigations (DCI) finalizes investigations and submits sufficient evidence.
“The decision to charge will be made independently based on an evaluation of the evidence,” read part of the ODPP’s court submission.
The DPP further argued that the petitioners had not demonstrated that the ODPP is either unwilling or unable to prosecute—conditions necessary for granting private prosecution.
The matter now rests with the magistrate, who will determine whether legal grounds exist for private prosecution or if state action has been adequate under the law.
