BY SAM ALFAN.
Kileleshwa Member of County Assembly (MCA) Robert Alai has been stopped from interfering with a private property in Nairobi’s Runda estate.
Environment and Land court judge Mohammed Kullow issued temporary orders blocking the MCA from meddling with the property, which belongs to Cancer Investments limited, pending the determination of a case filed by the company.
“A temporary injunction is hereby issued restraining the 1st Defendant(Robert Alai), by themselves, their invitees, servants, agents, licensees, and/or tenants or otherwise howsoever from trespassing, remaining upon, occupying, leasing, licensing, letting for a peppercorn fee or any sum, constructing upon, carrying any form of business upon,” the court order stated in part.
The company accused the MCA of invading the property, known as parcel known as L.R. 7785/102, I.R. Number 30597/255 (Original Number 7785/104/97), accompanied by goons with plans to take over the land.
Through lawyer Harrison Kinyanjui, the company also sought court orders directing the Officer Commanding Station (OCS) at Gigiri Police Station to enforce and oversee compliance with the directives, after previous attempts were not successful.
Kinyanjui submitted that the company was at risk of being unlawfully dispossessed of the property due to the actions of Alai and individuals he allegedly invited—described as “goons and vagabonds”—who are attempting to illegally seize the land in violation of the Land Act and Article 40 of the Constitution.
The lawyer told the court that Cancer Investments purchased the property from Transnational Bank of Kenya on 13th January 1992.
Recently, while preparing for renovations, the company allowed workmen on-site to carry out repairs pending submission of planning documents for approval by the Nairobi City County Government.
The court was informed that the company has consistently paid all utility bills levied by service providers, including Runda Water Limited and electricity suppliers.
They promised to provide proof of the payments during trial.
The company also stated that it has never entered into any transaction involving the property with Alai or any other party.
The firm said it had not offered the property as collateral nor relinquished the original title deed, which remains with Diamond Trust Bank of Kenya.
“The bank holds the title under a registered Second Further Charge dated 22nd December 2011, which remains active,” Kinyanjui said.
He said due to the presence of this charge and the bank’s custody of the original title, there has been no valid transfer or registration of any interest in the property since that date.
