Inside the silent settlement that saw Weston Hotel claim public land

DP WIlliam Ruto makes the collars of East Africa court of justice Judge Charles Nyachae at his Karen residence office in Nairobi where they discussed matters of national interest and regional integration, linkages and how Kenya can make optimum gains from the five-member trade bloc through improved market efficiency with the East African Court of Justice. [FILe/Standard] As police were teargassing, maiming, and killing Gen Z demonstrators protesting the controversial Finance Bill 2024 on the streets last June, lawyers for the Kenya Civil Aviation Authority (KCAA) and President William Ruto were quietly drafting a deal to settle the protracted Lang'ata land dispute involving the Weston Hotel. The agreement, which was filed in the Lands Court in Nairobi, brought an end to a high-stakes legal battle that had raged for five years between the aviation regulator and the Head of State. The dispute began during Ruto's tenure as Deputy President and, notably, appears to have been resolved after he ascended to the presidency. At the centre of the legal manoeuvre that concluded the case was a law firm associated with Charles Nyachae, who had recently expressed interest in becoming the next chairperson of the Independent Electoral and Boundaries Commission (IEBC). During Captain Gilbert Kibe's leadership, KCAA engaged Rachier & Amollo Advocates-linked to Rarieda MP and senior counsel Otiende Amollo-to pursue recovery of the contested property. Represented by Otiende Amollo, James Orengo, and Stephen Ligunya, KCAA argued Weston Hotel had illegally acquired land reserved for aviation, essential for air navigation safety across Kenya. The authority also stated it intended to build its headquarters on the parcel near Wilson Airport. Kibe later left the aviation authority after being appointed by former President Uhuru Kenyatta to head the Communications Authority, a post he resigned from on December 2, 2022. Emile Nguza Arao succeeded him. Under Arao's leadership, KCAA's stance shifted significantly. On November 20, 2023, Stephen Ligunya filed an application to fast-track the case. Soon after, KCAA dropped Rachier & Amollo and appointed Nyachae and Ashitiva Advocates as new legal representatives. Nyachae later told the IEBC selection panel he was a consultant at the firm-a claim backed by a letter the law firm sent to formally close the case. Other listed lawyers were Ashitiva Mandale and Vivian Atukho. In a letter dated June 19, 2024 and signed the following day, Nyachae & Ashitiva Advocates wrote to the Deputy Registrar of the Environment and Land Court in Nairobi, requesting that the court record a consent agreement. "We refer to the above-captioned matter and request you to record a Consent on behalf of the parties hereto, in the following terms, that is to say by consent of the parties herein, the petition dated June 12, 2019 filed in this matter by the petitioner be and is hereby withdrawn, to pave way for the implementation of the finding by the National Land Commission (NLC), on the subject matter herein, in their report dated January 21, 2019," the letter read.In addition, the new lawyers informed the court that KCAA had agreed to allow the implementation of the NLC's recommendation and was prepared to accept payment equivalent to the current market value of the land. The valuation was to be conducted either by the NLC or by another mutually agreed qualified authority. The letter stated that the proceeds would be used by KCAA to purchase an alternative parcel of equal value. "The current market value of the land to be determined by the NLC or other qualified or authorised entity or person as may be mutually agreed upon, after which Weston Hotel Limited would be required to pay the current market price of land to the Kenya Civil Aviation Authority (KCAA), so as to enable KCAA to purchase land of equal value," the letter read.According to Nyachae & Ashitiva, KCAA's position that Weston had unlawfully occupied the land remained unchanged. They made it clear that only after full compensation had been received would the NLC proceed to regularise Weston's title. "KCAA having been restituted to its initial position, only then can the NLC regularise the title to Weston Hotel Limited," the firm wrote.Initially, Weston had maintained a "won't pay, can't pay" stance, arguing that it had acquired the land legally and should not be required to compensate for it a second time. However, as the case progressed, Weston changed its position and moved towards a settlement through compensation. In its January 21, 2019 decision, the NLC ordered Weston to pay compensation to KCAA for the 0.773-hectare parcel opposite Wilson Airport, based on current market value. The commission had also directed that a fresh valuation of the land be carried out to determine the appropriate compensation, after which the title would be regularised. Subsequently, Weston-represented by lawyer Ahmednasir Abdullahi, asked the court to compel KCAA to return to the NLC and implement the commission's decision. Weston Hotel argued that KCAA's case was frivolous, invoking the doctrine of exhaustion of remedies-a legal principle, which holds that a party must first pursue all available avenues for redress before seeking a court's review or intervention. The hotel accused KCAA of abusing the court process by filing multiple claims regarding the same parcel of land in different forums. According to Weston's legal counsel, the authority should have returned to NLC to follow through with its earlier decision, especially as the matter was due to be heard by the court within days. In its submissions, President Ruto's hotel argued that the NLC's decision was binding and couched in mandatory terms, which the aggrieved party was obligated to exhaust fully. "While appreciative of the substance of the subject matter herein and in cognisance of the adjudication process that had already been undertaken by the first respondent (NLC) in relation to the subject matter, the second respondent (Weston Hotel) prays for a stay and/or dismissal of the petition herein," read part of the application filed on 16 June 2020. "The Constitution and relevant statutes set out a detailed process for seeking redress, which the petitioner has only pursued halfway. It is the contention of the second respondent that this process is mandatory, and this Honourable Court is legally obliged to direct the petitioner to conclude it," it continued. Weston's counsel argued that the dispute had already been determined by a competent commission and, therefore, the only lawful recourse for KCAA was to appeal the decision-not to initiate a fresh case. "The dispute between the petitioner and the second respondent (Weston) had already been determined by a commission with competent jurisdiction. Given the express and mandatory provisions of the Constitution of Kenya, 2010, and the National Land Commission Act, which detail how such disputes must be addressed, the petitioner cannot disregard this framework, nor can the court," court papers stated. Weston's position was supported by Priority Limited, the company alleged to have been the original owner of the disputed land. Represented by lawyer Katwa Kigen, Priority Limited argued that KCAA had already litigated the matter before the NLC and received a valid determination, thus it could not initiate another case involving the same parties. "The petitioner's claim is res judicata in toto, owing to the absence of an appeal from the NLC's adjudication and resolution of the dispute. The petition is therefore an abuse of the court's process, including the proceedings already undertaken at the National Land Commission," read Priority Limited's reply, filed on 1 July 2020. In response, KCAA maintained that its claim before the NLC had sought restitution of its land-not compensation, as the NLC had ultimately ordered. The authority's former lawyers, Otiende Amollo and Stephen Ligunya, contended that KCAA's only objective was to reclaim its land, not to be financially compensated. "The first respondent's (NLC) determination is irrational and irregular, as no party pleaded for compensation. Moreover, the final order fails to account for fixtures and developments on the land, rendering it ambiguous, absurd, and incapable of implementation," KCAA stated in court documents. The authority further argued that the NLC's decision was unreasonable, as it ignored evidence of corrupt dealings by Weston Hotel, Priority Limited, and Monene Investments Limited, and failed to uphold KCAA's legitimate expectations of property rights protection. "The determination irrationally overlooked the fraudulent acquisition of the land by the second, third, and fourth respondents. By failing to uphold the petitioner's property rights, it set a dangerous precedent that effectively shields land grabbing by private interests from legal accountability," the court papers continued. Captain Gilbert Kibe, KCAA's former Director-General, testified that the land was acquired fraudulently. Expensive DCA equipment was dumped at sites in Athi River and Industrial Area, where it deteriorated. Kibe accused Weston of knowingly building on grabbed land without approvals from relevant authorities, including KCAA. He also claimed the NLC attempted to legitimise the illegality by ordering compensation, despite acknowledging the land was mentioned in the 2004 Ndung'u Report as belonging to KCAA. He argued any proper due diligence in 2007 would have revealed the true ownership and that Weston could not claim innocence. KCAA also accused Weston of violating Regulation 65 of the Civil Aviation (Aerodromes) Regulations by building without necessary approvals. Court documents revealed KCAA's efforts to recover the land spanned years and included appeals to the EACC, the Ndung'u Commission, and police. On 3 July 2001, KCAA was allocated plots LR Nos. 9187 and 9188 by then-Commissioner of Lands Sammy Mwaita. Payment was made and follow-up letters were written by KCAA and Transport Ministry officials urging issuance of a title deed. Despite official recognition, by early 2003, a private developer had fenced the land. A final push to resolve the matter came in a letter by Transport PS Sammy Kyungu, who warned against irregular allotments and called for revocation of any illegal title. The legal dispute between KCAA and Weston Hotel was eventually settled quietly before Justice Lucy Mbugua.

Inside the silent settlement that saw Weston Hotel claim public land

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Inside the silent settlement that saw Weston Hotel claim public land

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