MARGARYAN SUES OVER RUNDA RAID

The Nation, Kenya
Aug 2 2006

Story by NATION Correspondent Publication Date: 8/3/2006

Deported Artur Margaryan has sued the police commissioner and the
attorney-general over the raid on his residence in Nairobi’s Runda
estate.

He is seeking orders to compel Maj-Gen Hussein Ali to remove police
officers from his home.

He says one of his dogs had died as a result of neglect and it
would be oppressive if the police continue "to illegally occupy"
his rented house.

Mr Margaryan says in his suit papers that he left the country in June
and since then the police had forcibly occupied and taken control of
his property at the residence.

Through lawyer Oscar Avedi, the Armenian told the court that as
a result of the police action, he had been severely prejudiced. He
feared that his property could be damaged, stolen or lost as "a result
of illegal occupation".

Temporary orders

But Lady Justice Joyce Aluoch declined to issue any temporary orders
and directed that the application be served on the other parties.

In a different application filed against the Kiruki commission, Mr
Margaryan told the same court through his lawyer that he was willing
to return to Kenya and give evidence before the inquiry if given
the chance.

And for the second time, his bid to get orders to quash the proceedings
of the commission, which is investigating his conduct, failed.

The State submitted in court that no written decision was made by
the commission to deny Mr Margaryan an opportunity to be heard.

Lady Justice Aluoch directed Mr Margaryan to file an affidavit on oath
to state that the commission refused to hear him. This, the judge said,
will help her to decide whether to certify the application as urgent
or not.