TIMOTHY ISAAC BRYANT, GERRY GRAHAM & REGISTERED TRUSTEES OF KENYA YOUTH HOSTELS ASSOCIATION V. INSPECTOR GENERAL OF POLICE, DIRECTOR OF CRIMINAL INVESTIGATIONS DEPARTMENT, ADAN AHMED HASSAN, DESIRAL COMPANY LTD, JAMES OSOGO, GIDEON CHRIS MAINA, MUSA MUKANGWA & FRANCIS MUTHINI

RULING OF THE COURT

The dispute giving rise to the instant application and to which this ruling relates arose out of some Kshs. 31,565,548.40 which was deposited in the 1^st and 2^nd applicants’ account No. 01109162693500 with Cooperative Bank of Kenya Limited, Upper Hill Branch by the purchasers of the 3^rd applicant’s parcel of land known as Nairobi LR No. 209/965/2 along Ralph Bunch Road.

The money, part payment of the purchase price was received by the 1^st and 2^nd applicants in their capacity as advocates for the 3^rd applicant. It subsequently emerged that the sale may have been entered into by persons who were not authorized to sell the property on behalf of the 3^rd applicant. As a result, the respondents claiming to be the bona fide trustees of the 3^rd applicant and another group claiming to have also purchased the same property, reported the matter to the police. Chief Inspector of Police, Adan Ahmed Hassan, the investigating officer moved the subordinate court in the Chief Magistra…