Three businessmen move to court to stop DCI, ODPP from publishing their photos as land fraud suspects

Three businessmen Bharat Ramji, Harish Ramji and Ashvin Ramji have moved to the High Court seeking Ksh.300 million in damages from the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP), accusing the agencies of acting without authority and violating their constitutional rights.

In the petition, the three argue that the DCI and ODPP had no power to initiate criminal investigations or commence prosecutions against them over a long-running dispute relating to the acquisition and ownership of land parcel LR No. 11895/50.

They maintain that the matter had already been conclusively determined by the Court of Appeal and the Supreme Court.

They cite decisions in Nairobi Civil Appeal No. 590 of 2019 and subsequent Supreme Court applications, arguing that the respondents unlawfully reopened the dispute through criminal processes in an alleged attempt to countermand binding court judgments.

The businessmen through senior counsel Nelson Havi contend that the actions of the investigative and prosecutorial agencies violated multiple constitutional provisions, including the rights to equality before the law, human dignity, property, fair administrative action, access to justice and a fair hearing, as well as national values and principles of governance.

In addition to monetary compensation, Bharat Ramji, Harish Ramji and Ashvin Ramji are asking the court to declare that DCI and DPP are unfit to continue holding public office due to alleged personal violations of their fundamental rights.

They are also seeking orders restraining the agencies from publishing or circulating their photographs or issuing statements on social media or in mainstream media—describing them as suspects in criminal investigations related to the land. Further, they want any such photographs or publications already released to be removed.