By Were Kelly
NAIROBI, June 12, 2025 — A land dispute valued at Ksh.300 million has landed in court, as Mwadi Women Group seeks the green light to commence private prosecution against four individuals and one company over alleged land fraud.
In a petition filed before the magistrate’s court, the group is targeting Stephen Chege Njoroge and Diana Yagomba, both land registrars, as well as James Mugoye and Farid Andurazuk Sheikh, directors of Reality Limited.
The group contends that the disputed 2.2-hectare parcel along Mombasa Road is legally registered in their name.
The women’s group accuses the Office of the Director of Public Prosecution (ODPP) of inaction, despite police investigations concluding with recommendations to prosecute.
They argue that the DPP’s authority is not absolute, stating, “While we are not challenging the powers of the DPP, we emphasize that those powers are subject to the Constitution and oversight by the courts.”
They are now seeking the court’s intervention to begin private prosecution, citing prosecutorial delay and asserting that the matter involves public interest due to the alleged loss of public land and potential constitutional violations.
In a filed response, the ODPP denied the claims, stating that prosecution is pending completion of investigations by the Directorate of Criminal Investigations (DCI).
“A decision to charge will be made following our independent evaluation of the evidence to determine whether it is sufficient to sustain a charge,” the office stated.
The ODPP further argued that private prosecution is unwarranted, asserting the petitioners had not proven prosecutorial reluctance or inability, which are the legal benchmarks for allowing such a request.
The case now rests with the magistrate’s court, which will rule on whether the threshold for private prosecution has been met, or if the state’s ongoing process is adequate under the law.
