State moves to stop auction of historical Desai House in dispute

Desai House. [Wilberforce Okwiri, Standard]

The government has moved to save the pre-colonial Desai House owned by late freedom fighter Jashbhai Motibhai Desai from being auctioned.

Through an application filed at the High Court by the Ministry of Sports, Culture and Arts, the government has warned any potential buyers to keep off maintaining that Desai House is a national monument which cannot be auctioned.

“Desai House was declared a national monument by the National Museums of Kenya and the status has not changed. We are in the process of registering it as such and it is in public interest that the intended auction be suspended forthwith,” said State Counsel Oscar Eredi.

The move comes after the Environment and Lands Court in April ordered that the property in Nairobi’s Parklands area be sold through a public auction at a reserve price of Sh412 million after beneficiaries of the Desai estate failed to agree with a private developer.  

Freedom fighter Jashbhai Motibhai Desai. [Wilberforce Okwiri, Standard]

According to the court, the money was to be shared between two beneficiaries of Desai Estate - Dipa Pulling and Sandeep Rajni Desai - and the private developer Suchan Investments Limited. The court directed Keysian Auctioneers to advertise the property for public auction which was set for July 12.

But in a move to save the property, the National Museums of Kenya published a public notice May 27 warning potential buyers from bidding for the house on account that it was a national monument.

“The National Museums of Kenya wishes to notify the public and all interested parties that the building known as Desai House and the surrounding compound was gazetted as a national monument and remains a protected property,” read the notice.

Mr Eredi, in an urgent application, wants the court to stop the planned auction, arguing that they were not party to the dispute which led to the decision to auction the house, despite the government having an interest to preserve it as a monument.

Pre-colonial Desai House. [Wilberforce Okwiri, Standard]

According to Mr Eredi, the government wants to be given an opportunity to explain why the house is important to the country’s history and should not be destroyed in the event that it is auctioned.

Desai House is one of the oldest buildings in Nairobi’s Parklands area, regarded as a monument where Kenya’s freedom fighters sought refuge from British rulers.

The property, which is currently valued at Sh600 million, was constructed by the late Desai in 1937 after immigrating to Kenya from India.