BY SAM ALFAN.
Weston Hotel has told the court that it is being pursued over a parcel of land that initially belonged to a state agency for its association with the Deputy President William Ruto and 2022 politics.
In submissions filed before Milimani Environment and Land court, the hotel said the suit is a conspiracy between the Kenya Civil Aviation Authority (KCAA) and certain political actors to politicise the matter for cheap political drama.
Veteran lawyer Ahmednasir Abdulahi told the court that the case against Weston Hotel is about 2022 presidential elections politics and it is a conspiracy between KCAA and certain political actors to politicize the alleged dispute for cheap political political drama over the suit property.
“The petition herein is a cheap attempt on the part of the conspirators to malign and scandalise the Deputy President because it is believed he has certain interest and association with the property,” said Ahmednasir.
Ahmednasir said the case is being prosecuted to damage Dr Ruto politically and it precisely because of that political scheme that KCAA had been forced to file the petition before court instead of filing an appeal from the decision of the National Land Commission.
He urged the court to dismiss the case for lack of jurisdiction.
“The petitioner is under instructions to undertake a political hatchet job on the Deputy President and this case in this case in its entirety is a” wanton act of political skullduggery, ” added Ahmednasir in his submission.
He added that when the case started, it had a number of politicians lead by Senior Counsel James Orengo who he claims almost turned the court proceedings into an Orange Democratic Movement political rally.
“That appearance of politicians ostensibly as advocates for the KCAA was part of the scheme to turn the case into a political game whereby the Deputy President will be abused and scandalized and if it was not on the part of Weston Hotel to commence a preemtory strike, the court would have witnessed a very sad and unsavory state of affairs, ” added Ahmednasir.
Weston further supported argument by National Land Commission (NLC) that the case should be dismissed because the agency made a mistake by filing a fresh case instead of appealling against it’s decision.
NLC maintained that Weston Hotel should retain the land in which the hotel stands but compensate KCAA.
KCAA wants the title held by Weston revoked, a move that could see the hotel demolished.
“Your honour it is our humble submission that the only reason why the petitioner (KCAA) filed a fresh petition before this court and decided not to go for appeal is because it wants to generate publicity and press coverage for the scheme it was instructed to undertake,” he said.
Weston Hotel told the court that National Land Commission found that the hotel is an innocent purchaser for value without notice of any defect in the matter.
While responding to a petition filed by Kenya Civil Aviation Authority (KCAA) , Weston told the court that NLC did not make any finding that there was conspiracy between the hotel Priority Limited and Munene Investments Limited.
The Langata road based hotel dismissed KCAA allegations that transaction between Weston and Priority Limited and Munene Investments Limited does not fall the test of bona fide purchaser for value without notice of the defects in the title as as it paid the purchaser price to Priority Limited and Munene Investments Limited as contracted .
“KCAA has no locus to decide a purchaser price for the parties to a based on the subjectives perspective of what amounts to valuable consideration”, said the hotel.
Priority limited supported the hotel’s application seeking for the dismissal of a petition filed by the Kenya Civil Aviation Authority.
The company through lawyer Katwa Kigen said Environment and Land court does not have the jurisdiction to entertain and determine the petition by KCAA.
The petitioner’s (KCAA) claim is res-judicata in toto in the face of lack of an appeal from the NLC ‘s adjudication and decision of the selfsame dispute,” said Priority limited in the application.
The company terms petition by KCAA as frivolous, vexatious, vain, void and is an abuse of court process including the proceedings available at the National Land Commission.
The company maintained that the title to the land was acquired legally, having bee obtained in good faith, is legitimate and cannot be faulted through the petition or any other case.
KCB bank while seeking to be enjoined in the case, the bank said it has beneficial interest in the property, in which the Kenya Civil Aviation Authority (KCAA) secured orders on June 21 blocking the valuation, sub-division, sale and transfer of the land.
“It is necessary to enjoin KCB in these proceedings to protect its interests and enable the court to fully and finally determine the issues arising,” the bank stated in court papers filed by Mohamed Muigai Advocates.
Bank Secretary Bonnie Okumu explained in a supporting affidavit that Weston Hotel received loan facilities of Sh350million and USD1.5million by a charge dated October 9, 2014 that was registered on October 27, 2014. The firm reportedly secured further Sh700million by a further charge dated July 8, 2015 and registered on July 27, 2015.
