BY SAM ALFAN.
National Land Commission (NLC) has backed Weston Hotel seeking to dismiss suit filed by Kenya Civil Aviation Authority (KCAA pending before court.
This is after the commission defended its decision rendered more than a year ago directing Weston Hotel to compensate a state agency for the land in which the controversial hotel stands.
In the document filed in court, NLC says KCAA and the hotel submitted itself to the Commission and never raised any objection as to the proceedings.
The land commission through its director of legal affairs and enforcement Brian Ikol further said it was therefore wrong for KCAA to fail to disclose this fact to the court and was instead misrepresenting facts “with an intent to mislead the court to render an unjust and unfair decision”.
NLC invoked its jurisdiction and admitted the complaint by KCAA for review of the legality of the grant of the property.
Ikol added that the property currently registered in the name of Weston Hotel Limited, documentation in support of their claims was received and scrutinized.
Weston and associate companies, he said, actively participated in the proceedings before the NLC and were given an opportunity to advance their cases as in strict adherence of the law and a decision rendered thereafter.
Ikol further added that the commission acted in strict conformity with the provisions of the constitution, fair administrative action NLC Act.
In the decision, Ikol adds, NLC took congnisance of KCAA’s omissions and commissions that were attributed to the alleged allocation of the land to Priority ltd and Monene Investments ltd and subsequent transfer to Weston Hotel.
“That for the avoidance of doubt, the remedy sought by the petitioner would mean that the 1st respondent would turn a blind eye to the 2nd respondent’s rights a bona fide purchaser and further act in violation of section 14 of the NLC Act which allows the 1st Respondent (National Land Commission) issue consequential orders it deems appropriate in a claim, the constitution of Kenya and Fair Administration Action,” he said.
He said NLC adequately addressed the issues brought before it and made recommendations on January 22, 2019.
In the decision, NLC recognised and emphasised KCAA’s entitlement to the parcel remained unchallenged and noted that Weston Hotel and initial owners; Priority Ltd and Monene Investments Ltd, irregularly procured the registration of the land.
NLC wants the petition by KCAA dismissed arguing that it is an abuse of the process of court.
Early this month, Weston Hotel filed a petition seeking a suit filed by Kenya Civil Aviation Authority over the controversial land on which the hotels stands on be struck out arguing that it was filed in the wrong forum.
Through Senior Counsel Ahmednassir Abdullahi urged the Environment and Land court to dismiss the petition saying the court lacks the jurisdiction to determine the dispute.
The Hotel said the dispute had already been determined by a commission of competent jurisdiction coupled with the express and mandatory provision of the constitution of 2010 and the National Land Commission.
He said the Act expressly provides a detailed process of how to handle disputes if the genre before the court and the same cannot be ignored or wished away by KCAA and the court.
Ahmednassir says that the Environment Land court lacks the jurisdiction to hear the matter and is of the considered opinion that the court must lay down its tools forthwith to dismiss the suit for the said want of jurisdiction.
“The constitution and relevant statutes set out a detailed procedure and process for seeking redress and the petitioner (KCAA) has already pursued that process and procedure halfway,” he said.
