Weston Hotel, which is linked to Deputy President William Ruto, now claims the land dispute case in court is all about the 2022 presidential election politics.
In its submissions to court, Weston Hotel says the case is a conspiracy between Kenya Civil Aviation Authority and certain political actors to politicise it for "cheap political drama".
In the case before the High Court, KCAA has challenged the decision by the National Land Commission report that recommended that Weston pays for the airport disputed land instead of the property being demolished.
However, Weston, through its lawyers, has challenged the case in court and want it dismissed with costs.
The hotel says the petition by KCAA is a cheap attempt, on the part of the unnamed conspirators, to malign and scandalise Ruto because it is believed that he has certain interest and association with Weston.
“This suit is being prosecuted to damage Ruto politically and it is precisely because of that scheme that KCAA had been forced to file this petition instead of filing an appeal from the decision of the NLC,” court documents read in part.
Weston further argues that when the case started there were a number of politicians led by Senator James Orengo representing KCAA claiming that at one time they almost turned the court proceedings into an ODM political rally.
The hotel further submits that the appearance of politicians ostensibly as advocates for KCAA was part of the scheme to turn the case into a political game whereby Ruto would be abused and scandalised.
“If it would not have been on the part of Weston to commence a preemptory strike, the court would have witnessed a very sad and unsavoury state of affairs,” the hotel says.
It is its argument that KCAA is under instructions to undertake a political hatchet job on Ruto and the case is "a wanton act of political skullduggery".
Weston says the court has no jurisdiction to entertain the matter by KCAA as a fresh case, adding that the authority should not have filed a fresh case but appealed NLC’s recommendations.
Weston claims KCAA voluntarily filed with NLC a claim seeking to recover the hotel under provisions of NLC Act No 5 of 2012 in line with the constitutional and statutory mandate of the commission.
”It is NLC that has the sole constitutional mandate and monopoly to look into this matter that has allegedly aggrieved KCAA,” court documents say.
The hotel further says it will demonstrate to the court that KCAA violated the prescribed constitutional and statutory procedure for challenging the report and recommendations by the NLC.
KCAA says the land where Weston Hotel sits belonged to the defunct 1977-era East Africa Community.
In June 1999, then Commissioner of Lands wrote to the Directorate of Civil Aviation citing an application by a church to use the parcel.
But Ruto says he acquired the parcel from Priority Management Ltd and Monene Investments Limited at Sh10 million in 2007.
NLC on its part said the land belonged to KCAA and directed that Weston Hotel pays off for the property at current market value.
KCAA wants revoked, the title issued in 1999 by the Commissioner of Lands and the decision by NLC directing the Weston to pay KCAA for the land quashed.
Edited by EKibii