Former Chief Justice Kitili Mwendwa’s widow, Wilfred Nyiva Mwendwa, and his son, Maluki Kitili, have moved to court to block prosecution in a Sh15 million land row.

The two, in their case filed before the High Court I. Nairobi, have sued the Inspector General of Police, the Director of Public Prosecutions, the Directorate of Criminal Investigations, and the buyer, Geoffrey Kuria.

In the case, the former Minister for Culture and Social Services and Maluki stated that they are directors and shareholders of Chania Enterprises Limited.

They allege that they sold Kuria a piece of land for Sh13.5 million in a letter of offer dated April 23, 2023.

Nevertheless, they claimed that Kuria paid a Sh5 million deposit, promising that he would pay the balance within 85 weeks.

“The interested party then requested the applicants to transfer the suit property even before the completion date with a view of securing a bank loan facility to complete the sale of the property. The applicants agreed to the request by the interested party,” Nyiva’s and Maluki’s court papers filed by Osiemo Wanyonyi advocates read in part.

They alleged that Kuria started defaulting once the property was transferred to him. They also said that he issued a cheque to Maluki, which the bank dishonoured due to a lack of sufficient funds.

Nyiva and Maluki claimed that he then reported to the police that they had allegedly obtained money from him for a non-existent land.

In addition, the court heard that Kuria had allegedly told the police that the title to the property was forged.

Maluki said he was arrested on March 14, 2025, with an alleged claim of obtaining money by false pretence and forgery.

“Despite the applicants presenting the search certificates before the sale and after transfer of the suit property together with the title documents held by Chania Enterprises Limited as genuine and obtained from the land registry, the second respondent has proceeded to recommend the prosecution of the applicants herein,” the papers read in part.

The two claim that the intention to charge them was simply meant to help Kuria not to honor his end of bargain.

While supporting the case, Maluki told the court that the charges intended to be preferred against him and his mother were based on falsehoods.

He said that they are intended to embarrass him and Nyiva.

“I believe the actions of the first respondent (IG) have been concocted and or conveniently framed to embarrass my mother and I, falsely accuse us and otherwise pretextual and merely meant to aid the first interested party from settling the balance of the purchase price that is due and pending,” he said.

He asserted that the IG and the DPP had no basis for pressing charges against him or his mother. In the case, Maluki said that he had been subjected to mental anguish. He claimed this was as a result of alleged threats by police officers.

The two now want the court to freeze any action by the police or the DPP regarding the land row until the case is heard and determined.

“ My mother is a law-abiding citizen and renowned businesswoman with vast commercial interests in Kenya and a political leader now turning 83 years old willing to comply with any bail and or bond terms that this court may grant. I have been subjected to constant threats and intimidation by the officers of the first respondent (IG),” said Maluki.

Kitili was Kenya’s first black Chief Justice. He nevertheless resigned in 1971.