The Environment and Land Court has dismissed a case filed by Muthithi Investments and Marble Arch Hotel Limited over re erection of a fence which was demolished by Nairobi County Government under the Mike Sonko regime.
The land which was used by the CBD Hotel as a parking lot was alleged to be public land.
Justice Lucy Mbugua ruled that the suit had no merit. This was because Muthithi Inv. did not follow the laid down dispute resolution mechanisms.
“The upshot of the findings of this court are that the suit is not merited. The same is hereby dismissed,” Justice Mbugua ruled.
The judge added “it is crystal clear that Muthithi Investment moved to court without following the laid down dispute resolution mechanisms.”
Marble Arch disputed land
The two companies wanted the court to declare that Muthithi Investments is the legal and rightful proprietor of LR No. 209/11100 (IR 47666) and LR No. 209/11843 (IR No. 57355) located within the Nairobi CBD.
The judge added that Marble Arch director Mike Maina stated that the then Nairobi Governor Mike Sonko sought to demolish the hotel on allegation that the titles to the properties were fraudulently acquired.
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Maina added that the liaison committee did not have the power and jurisdiction to determine disputes in relation to authenticity of titles.
“However the gazette notice makes no reference to the authenticity of the petitioners’ title to the suit property and the issue outlined on the enforcement notice are on issues of illegal developments and occupation,” Justice Maina noted.
In 2019, the High Court rejected an application by the two to fence part that demolished by the County Government.
Sonko’s lawyer Harisson Kinyanjui opposed the application saying the court should not allow the hotel to fence public land.
It is alleged that the land was initially a public toilet and owned by the Nairobi County fire Station.
In 2018, the county embarked on a campaign to reclaim grabbed parking bays within the CBD. As a result, it has since then repossessed over 200 parking slots.
