A proprietor of a prestigious building complex in Kisii town has been arrested for accessing the property whose ownership was contested after it was auctioned for failure to settle a bank loan. Josephat Moracha was arrested with his agents when he cut a chain lock and gained entry into the premises christened ‘’Mocha Place’’ along Kisii-Kisumu road. Moracha who operated a hotel within the complex before the auction, claimed he was prompted to break into his business when he suspected some items had been removed. The building valued at Ksh. 1.1 billion had un- repaid loan balance of Ksh. 600 million which prompted the fall of the auctioneer’s hammer.
As the dispute raged, the proprietor mov
ed to court and obtained a court order restraining the new occupant , Geofrey Makana and the Auctioneer, Housing Finance company, from dealing with the property pending determination of the case. Justice Antony Ndung’u also ordered that tenants who included a bank and Saccos to deposit rent with the court. Speaking after he was released on bond,Moracha’s lawyer, Wilkins Ochoki accused the police of being used to settle disputes of a civil nature. According to the lawyer ,arresting his client over creating a disturbance and malicious damage to property could not stand since he ‘owned’ the building. He vowed to cite the police for contempt of court.