Gordon Mwahima

A hotel ownership row between a local investor Isaac Rodrot and a German investor Hans Jurgen Langer has taken a new twist with Justice Helen Omondi ruling that Malindi police are unable to perform their work.

She was making a ruling in a case over Salama Beach Hotel ownership. In the ruling dated 16th December 2010, Omondi said “Instead it seems there has been a game of strong arm tactics where even police are unable to affect the order like there is a third force in control”.

The ruling was in reference to Malindi police officers and Hans Jurgen Langer/ Iranian Zahra Langer for disregarding and disobeying court orders. Sources within the legal fraternity now wonder why the judge has not instituted contempt of Court proceeding yet Lawyer Joseph Munyithia had brought it forward. On her part, she said that some party in the dispute is unwilling to respect court orders as they claim to rub shoulders with the high and the mighty.

Investigations reveal that Hans Jurgen Langer and Zahra Langer took over the management of Salama Beach Hotel from Isaac Rodrot in September 2010 using hired goons said to be members of the outlawed Mungiki like kuzacha sect. He has of late been working in cahoots with vigilante groups to block Rodrot from accessing hotel premises despite Court orders.

Sources say, the goons were hired by nominated Councillor Ibrahim Matumbo, one David Karisa Alias Kapodano and David Chiwaya. On January 15, 2011 the trio went on the rampage and allegedly caused the death of two people but surprisingly, no action was taken as they were later overheard bragging that they allegedly enjoy the patronage of the local Police led by the OCPD David Kirina and the DCIO Emannuel Kibet.

To further confirm the Judge’s sentiments that there is a third force and even police are not able to perform their duties on this case, Malindi police have been harassing any businessman allied to Rodrot including his other business partners who have nothing to do with Salama Beach hotel. According to Rodrot, at one time police went to the home of his house help and threatened to arrest him.

Others who have been threatened over the same case includes a one Joseph Kiponda and James Simba who have been for many years working for Rodrot who were arrested and arraigned in court with fabricated allegations. They have however written to the police commissioner Mathew Iteere complaining about the harassment by the Malindi Police.

The trouble started in February when the said police officers went to his house and beat him up and were it not for the Administration Police from a nearby chief’s office they were set to kill him. The matter was reported to the Police and took a P3 form but the DCIO allegedly ordered the Watamu Police to release those who had been arrested and even released the vehicle that was used by the goons.

The big question many people are asking is why the Government would leave local investors and seem to protect foreign investors and why are disputes in court being used to cause all this menace in an otherwise tranquil tourist resort. It is for this reason that even the judge gave such a strong ruling and wondered why the Malindi Police are unable to do a simple work of enforcing Court orders.

Isaac Rodrot says he is currently an IDP and claims his life is in danger and has sort help from the Government to restore him in his house and Hotel, but claims the Government seems to favour foreign investors and is appealing to Internal Security Minister Prof. George Saitoti and Police Commissioner Mathew Iteere to ensure Malindi police officers affects the court orders. Rodrot says he acquired his property through hard work over many years and it is the duty of the Government to protect life and property of its citizens.

It is alleged that the foreign investor does not have a valid work permit and even after recommendation by CID investigator that he be arrested and charged with forgery; no action has been taken and cannot show any hotel ownership document. Some of Hotel workers have now claimed that since he took over, the hotel has not been paying taxes a claim Kenya Revenue Authority (KRA) officials should investigate. Those who know him well say he was declared a persona nan grata in Sychelles for undisclosed reasons.