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Weston Hotel Land

Lawyer Ahmednasir Abdullahi, the Weston Hotel’s counsel in a case involving a parcel of land in which the facility stands has claimed that the government sent tractors and goons to demolish the hotel two days ago.

Weston Hotel has remained top on social media trends for the past 48 hours over claims that bulldozers allegedly sent by government had been seen around the facility.

The claims were first posted by Kapsaret MP Oscar Sudi, who had shared some of the pictures of the bulldozers allegedly at Lang’ata Road where the Hotel stands.

“The Deep State are indeed cornered. They have today decided to express their fury by demolishing Weston Hotel,” posted Sudi on October 6, 2021.

Ahmednasir through his official Twitter account on Friday October 8, 2021 confirmed that indeed the tractors had been sent before the operation was later on called off.

Weston Hotel VS KCAA hearing set for today - Mahakamani News
Lawyer Ahmednasir Abdullahi. Photo/Courtesy

“As counsel on RECORD for Weston Hotel I can OFFICIALLY CONFIRM that the GOVERNMENT of the REPUBLIC of KENYA 48 hours ago sent tractors and goons to demolish the Hotel. The operation was called off after the tractors reached the hotel and the powers that be changed its mind,” he posted.

Weston Hotel had in September this year moved to the court of appeal faulting a judge of the High Court who insisted on hearing a petition filed by the Kenya Civil Aviation Authority (KCAA) over the land row.

In the appeal, Weston Hotel which belongs to Deputy President William Ruto, said it was dissatisfied by a ruling issued in March this year by Justice Benard Eboso, allowing the petition by KCAA to proceed for hearing.

The hotel management, Priority Ltd and Monene Investment, wanted the suit by KCAA dismissed arguing that the authority erred by filing a fresh suit instead of filing an appeal against a decision by the National Land Commission, dated January 2019.

In the decision, NLC directed Weston to compensate KCAA for the land at the current rates. But on March 2, Justice Eboso dismissed the objection by Weston and stated that Environment and Land Court had jurisdiction to hear the case and that the NLC decision was not binding.

Through senior counsel Ahmednasir Abdullahi, Weston faulted the judge saying he failed to address pertinent questions, such as jurisdiction and instead digressed and made a finding on a matter that was not argued before him.

Weston further said the judge failed to determine the issues brought before him by the parties and instead framed for his own issues and gave his interpretation.

Last year, Weston Hotel claimed the land dispute case in court is all about the 2022 presidential election politics.

In its submissions to court, Weston Hotel said the case is a conspiracy between Kenya Civil Aviation Authority and certain political actors to politicise it for “cheap political drama”.

KCAA says the land where Weston Hotel sits belonged to the defunct 1977-era East Africa Community.

In June 1999, then Commissioner of Lands wrote to the Directorate of Civil Aviation citing an application by a church to use the parcel.

But Ruto says he acquired the parcel from Priority Management Ltd and Monene Investments Limited at Sh10 million in 2007.

NLC on its part said the land belonged to KCAA and directed that Weston Hotel pays off for the property at current market value.

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Details have emerged of how Deputy President William Ruto-owned Weston Hotel colluded with two firms to grab the hotel land in Lang’ata, that is now valued at billions of money.

According to Court documents filed by Kenya Civil Aviation Authority (KCAA), Ruto’s Weston Hotel colluded with Priority Ltd and Monene Investment Ltd to obtain the land.

In a detailed report by the Standard Newspaper, KCAA in its new case filings claim that inconsistencies in the documents produced by Weston, failure to produce any valid sale agreement and transfer instruments, and allegedly ignoring the Ndung’u report’s red flag on grabbed public properties indicated it played a part in grabbing the land.

According to KCAA, there is no consent from the Commissioner of Lands approving the alleged sale, and no stamp duty was paid to seal the purchase process.

“Other questionable circumstances show that the second respondent (Weston) was actually a party to fraud perpetrated by the third and fourth respondent (Priority and Monene) …. This court cannot defer to individual claims by land grabbers where it is proved that the title was issued to grab a public land, in this case, public land entrusted to Directorate of Civil Aviation (DCA) for the public to ensure safety in air navigation and incidental purposes,” the aviation authority argues in its court papers filed in the Lands Court in Nairobi.

KCAA says two development plans submitted by Weston contradict each other.It claims that although the two plans were issued on the same day, October 17, 1997, they are for different plots.It further claims the ownership record is deliberately scrambled to conceal the fraud.

KCAA further notes that Priority was still applying for permit approvals in April 2008, a year after the same land was registered in favour of Weston.

The contested property, LR No 209/14372, was registered under Weston on June 13, 2007.KCAA lawyers Otiende Amolo and Stephen Ligunya argue that Priority could not have continued to deal with the same property after its legal interest in the land ceased.

Weston, in its reply to the case, had attached a payment receipt as proof that it had paid survey fees for the contested piece of land.

However, the civil aviation agency argues that the receipt indicates that the paid amount was for an unsurveyed plot, and is a different property. 

According to the authority, its land had been previously surveyed and had a reference number .KCAA questions how Priority and Monene managed to get a survey document (a deed plan) for the contested land more than a year before they paid for the survey, a pointer to fraud.

According to the aviation authority, receipts in Weston’s replying affidavit indicate that it paid for the survey on April 30, 2002, while a deed plan number 234961 in favour of Priority and Monene is dated April 12, 2001.

In a fresh twist to the case, KCAA says Priority and Monene illegally got an allotment for 0.7 hectares of the land, but in their final survey document, the piece mysteriously increased to 0.7733Ha.

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