Director of Criminal Investigations (DCI) George Kinoti has asked the High Court to reject a legal challenge by businessman Jimmy Wanjigi and his wife Irene Nzisa against their prosecution for land fraud allegations.
Kinoti argued that the case lacks evidentiary support and that the constitutional rights of property owners cannot be used to unfairly disadvantage other Kenyans. Through Chief Inspector Patrick Kayemba, he emphasized the DCI's duty to protect legitimate land ownership claims.
The DCI's legal team asserted that Wanjigi and Nzisa's prosecution stems from a 2019 complaint by Kenroid Ltd, which discovered two companies using the same name, Horizon Hills Ltd, with different directors. Kenroid alleged that Wanjigi's company, later renamed Aureum Ltd, received Sh56 million in payments before ownership disputes arose.
Investigations revealed Wanjigi falsely claimed to be a beneficial shareholder of Horizon Hills Ltd, according to DCI records. A 2010 letter he authored, purporting to appoint a legal nominee, was disputed by the alleged nominee, Kairo Thuo, who denied involvement.
Kayemba dismissed Wanjigi's 2019 Environment and Land Court case as a deliberate misrepresentation. The DCI's investigation concluded Wanjigi and Nzisa conspired to commit fraud, including forging documents and obtaining funds through false pretenses. Charges were approved by Director of Public Prosecutions Noordin Haji in January 2022, following a December 2021 referral.
During a 2022 raid on Wanjigi's office, police encountered resistance from his bodyguard, Josphat Onyiego Mugendi, who was found in possession of an illegal Glock pistol and ammunition. Mugendi, a former officer, admitted to illegally possessing the weapon on Wanjigi's behalf. The DCI cited safety concerns during the arrest, noting Wanjigi's alleged possession of additional military-grade firearms.
