The Kenya Civil Aviation Authority has accused Weston Hotel associated with Deputy President William Ruto of concealing evidence in their land dispute case.
KCCA argues that Weston Hotel and the two companies - Priority Limited and Monene Investments - which allegedly sold the land to the hotel concealed evidence that would shed light on how the transfer was carried out.
“We submit that the respondents suppressed evidence that would shed light on whether the transfer to the two was valid through showing compliance with mandatory legal pre-conditions of sale. As such, this court should conclude that no such evidence, in fact, exists," KCAA said. ."
In its written submissions, KCCA has urged the court to find that the transfer of the disputed land to Weston on June 13, 2007, was illegal.
In its response, Weston has maintained its innocence, saying the said land in Lang'ata was legally acquired for Sh10 million.
KCAA lawyers Otiende Amollo and Stephen Ligunya said due diligence required Weston to probe into the inconsistencies of the records availed to it to support the RTA Grant, instead of rushing to conclude the transfer.
“The hotel conduct is not indicative of any due diligence independently done to verify the authenticity of the title,” KCCA said.
It says there is no proof of a sale agreement and transfer instrument between Weston and the two firms.
It also argue that the letter of allotment dated January 1998 and subsequent RTA Grant issued to Priority Ltd and Monene Investments over LR 2098/14372 was illegal.
“The commissioner could not purport to allocate public land that was available for alienation. Neither could he issue any valid title subsequent thereto. Any allotment letter issued is therefore illegal and void,” court documents read.
KCAA says the transfer to Weston was illegal because the hotel did not obtain the commissioner’s prior written consent for the sale, which was a condition precedent to any valid sale.
They tell the court that the Directorate of Civil Aviation (DCA) enjoyed prior use and possession of the suit land for a public purpose thus the land was not available for allotment to private parties.
“DCA continuously asserted to the commissioner for lands that the suit land remained in use for a public purpose and so long as the public purpose continued, the commissioner could not legally issue the allotment letter dated January 1998,” KCCA argues.
The firm says that even assuming the commissioner legitimately created a parallel system for issuing allotments and titles which they have denied, the factual inconsistencies confirm that the two companies failed to comply with the arbitrarily parallel system and, therefore, the grant issued to them on September 5, 2002, was unlawful.
It claims that some of the factual inconsistencies include the two companies failing to avail a copy of the application letter for allotments. It adds that no advertisement was made in the Gazette as required by Section 12 of the Government Lands Act.
The authority claims that Weston cannot, therefore, be said to be a bona fide purchaser for the title without notice.
The Kenya Commercial Bank filed a petition in court in September last year in which they alleged that they hold registered charges as security for Sh1.5 million, Sh350 million and Sh700 million all advanced to Weston.
They claim a bona fide equitable interest in the property as registered chargers.
However, KCCA argues the claim is only to the extent of the sum due under the charge, not the property.
In the case, KCCA has challenged the manner in which the transfer of public land was carried out.
The National Land Commission, who are the first respondents, are yet to file their responses.
Edited by R.Wamochie