Mutula Kilonzo’s case against City Hall finalised

By Pamela Chepkemei

Nairobi, Kenya: A case filed by late Makueni Senator Mutula Kilonzo against the defunct City Council of Nairobi six years ago over a boundary dispute has been finalised.

Mutula, who died on April 27, sued the Council in 2007 after it demolished a perimeter wall on his land at Thompson Estate, Riara Lane in Nairobi.

High Court Judge Weldon Korir Wednesday ruled an enforcement notice issued by City Council to Mutula on May 24, 2007 directing him to pull down the boundary wall was illegal.

Pull down

“Since the applicant (Mutula) had already completed the construction of the wall, an enforcement notice could not therefore be issued. The issuance of the notice was illegal,” said Justice Korir.

He said an enforcement notice can only be issued for developments taking place after the commencement of the Act. But the judge said he could not issue orders quashing the notice the City Council had issued because the action had been taken when the boundary was pulled down.

“The applicant (Mutula) may have had a genuine case but he came to court  too late,” said Justice Korir.