[Source: Daily Nation, by Sam Kiplagat]
The management of Weston Hotel has maintained that it was an innocent purchaser of the land along Lang’ata Road in Nairobi County on which it stands.
In response to a petition filed by the Kenya Civil Aviation Authority, the hotel said it paid to acquire the controversial plot so it cannot be forced to vacate.
Further, the hotel said it did due diligence before purchasing the property and confirmed sanctity of the title.
According to Weston, the case by the KCAA was filed with ulterior motives, especially after the National Land Commission found the title was not acquired fraudulently.
Through General Manager Michael Nzile, the hotel said, “Consequently, the allegation of fraudulent acquisition and registration are unsubstantiated and nothing short of mere rumours propagated by the petitioner in a resort to infringe, violate and limit Weston’s right to property.”
The hotel’s management said it purchased the property from Priority Limited and Monene Investment Limited and that the title cannot be revoked as urged by the KCAA.
Mr Nzile further said the management cannot be asked to compensate the authority, having voluntarily vacated a site near Wilson Airport for the agency.
In his affidavit, he urged the court to uphold the sanctity of its title and dismiss KCAA’s petition, saying it does not meet the required threshold for granting conservatory orders.
Through Paul Chirchir, Priority said the NLC found that the company was a bona-fide purchaser.
The hotel’s lawyer, Ahmednassir Abdullahi, sought dismissal of the case, arguing that the KCAA has not made a case deserving of any of the prayers sought.
Mr Abdullahi added that the famous Ndung’u Report did not make a conclusive decision on the issue of ownership of the suit property, which is binding on the court.
Further the report has not acquired any statutory form and as such, has no force of law and it is doubtful whether the recommendations therein legally identify KCAA as the legal proprietor of the property.
Weston has stated that there was no evidence placed before the NLC to show it was reckless in purchasing the suit property or that building approvals were not issued.
KCAA has challenged NLC’s decision on January 25, arguing it ignored the illegality and fraud allegedly perpetrated by the three companies.
[Full article: Daily Nation, by Sam Kiplagat]
