The High Court has ordered the Directorate of Criminal Investigations (DCI) to remove photographs and information relating to three brothers from its social media platforms, ruling that their continued publication was unlawful.
In a ruling delivered by Enock Mwita, the court directed the DCI, under Mohamed Amin, and the Director of Public Prosecutions (DPP), Renson Ingonga, to immediately delete photographs and related statements concerning Harish Ramji Manji, Ashvin Ramji Manji, and Ashvin Ramji Bharat.
Photos Published After Arrest
Justice Mwita noted that the photographs and statements were published shortly after the arrest of the three brothers, at a time when authorities were planning to charge them with land fraud.
However, the attempted plea-taking was later rejected by the court, effectively halting the prosecution.
The published statements had identified the three as suspects in alleged forgery and offences relating to the acquisition of Land Reference No. 11895/50, a parcel said to be linked to the National Social Security Fund (NSSF).
Court Issues Restraining Orders
Justice Mwita went further to restrain both the DPP and the DCI from publishing any additional information, photographs, or statements identifying the Ramji brothers as suspects in criminal investigations relating to the acquisition or ownership of the disputed land.
The court held that continued publication would amount to a violation of the brothers’ constitutional rights, particularly the presumption of innocence, dignity, and fair administrative action.
Arrest Announcement Challenged
On December 5, the DCI had announced the arrest of the Ramji brothers, alleging that they were involved in the fraudulent transfer of NSSF land valued at approximately Sh350 million.
According to the DCI’s social media post, Harish Ramji Manji, Ashvin Ramji Manji, and Ashvin Ramji Bharat were accused of illegally acquiring the parcel of land located in Athi River, within Mavoko Municipality, Machakos County.
However, the attempt to charge them collapsed after it emerged that there was an existing Court of Appeal order barring their arrest and prosecution over the contested property.
Constitutional Petition Against DPP and DCI
In their application before the High Court, the three brothers sought far-reaching orders, including declarations that DPP Renson Ingonga and DCI Director Mohamed Amin were unfit to continue holding public office.
Through Senior Counsel Nelson Havi, the brothers accused the two senior State officers of violating their fundamental rights and freedoms under the Bill of Rights by initiating criminal processes in defiance of binding appellate court decisions.
They argued that the actions of the DPP and the DCI amounted to an abuse of power, malicious prosecution, and disregard for the rule of law.
Sh300 Million Damages Claim
The Ramji brothers are also seeking Sh300 million in damages, to be paid jointly by Ingonga and Amin, for the alleged violations of their constitutional rights.
They argue that the publication of their photographs and details as criminal suspects caused severe reputational damage, emotional distress, and commercial harm, despite there being no valid charges against them.
Wider Implications
The ruling reinforces the principle that law enforcement agencies must exercise restraint in public communications, particularly where arrests or investigations are barred by court orders or where charges have not been lawfully instituted.
The matter remains before the High Court for determination of the substantive constitutional issues, including the request for damages and declarations against the DPP and the DCI.