The management of a Homa Bay beach hotel wants the court to stop the rehabilitation of a pier over claims that part of their land has been encroached on.
Homa Bay Hotels Limited moved to the Environment & Land Court to stop the county government, State and the Ministry of Lands and Physical Planning from undertaking any development on the land.
The three are listed as first, second and third respondents in the case.
The hotel management has asked the court to put on hold the ongoing construction work until the case is heard and determined.
The court judge George Ong'ondo directed the county lands register and surveyor to determine the boundaries of a disputed piece of land.
He directed that the exercise be conducted within 50 days from Tuesday.
“The ward commander (Officer Commanding Station) in Homa Bay town is hereby directed to provide security to the land officers who will survey the site,” Ongo’ndo ruled.
A case had been filed in court to challenge an ongoing rehabilitation of Homa Bay pier beach.
A lawyer representing the hotel, Robert Onyango told the court that respondents trespassed on the land which he said is a property belonging to the hotel.
According to Onyango, the respondents have no documents to show that the land belongs to the county government or state.
“They haven’t produced any document to confirm that the land belongs to the Homa Bay government or national government,” Onyango said.
He said he does not object to the survey set to be conducted on the said land.
Defendants lawyer Wilberforce Akello dismissed them saying the ongoing rehabilitation of the pier does not interfere with activities on the dry land as claimed by the hotel.
Akello said there is an ongoing exercise to dredge Lake Victoria at that part, something that does not interfere with anyone’s property.
“It is riparian land and not private land therefore no one should claim it. Further, nothing is showing that the work is being done on the disputed land,” Akello said.
The lawyer told the court that the government is undertaking beautification of the lakefront.
Akello also agreed to a joint survey to unravel the truth about who owns the land.
“There’s nothing to show that hotel land has been encroached. I have been to the hotel and I can confirm this,” he said.
He objected to a request by the plaintiff who wanted the court to stop the ongoing construction work during the survey.
According to him, construction work will not affect land survey.
Justice Ong'ondo directed the defendants to serve the hotel with a preliminary objection by Tuesday evening.
The plaintiff will then serve their response within 10 days from the date of receiving the preliminary objection.
“In the interests of justice, I direct the land register and county surveyor to determine boundary and ground position,” he said.
The judge will give further directions on the case on March 18.