in , ,

New Twist as DP Ruto’s Weston Hotel land case moves to Court of Appeal

NAIROBI: A legal battle pitting Deputy President William Ruto against the Kenya Civil Aviation Authority (KCAA) on ownership of the land where his Weston Hotel stands has moved to the Court of Appeal.

The move comes barely two day after Interior Cabinet Secretary Fred Matiang’i listed some of the properties owned by Deputy President William Ruto, including a 22,000-acre estate, five helicopters, a hangar, and private homes.

Appearing before the National Assembly Security Committee on Wednesday, Matiang’i noted that a total of 257 police officers are assigned to Ruto, making him the most protected deputy president since independence.

The 257 officers comprise 85 deployed to offer 24-hour security to the deputy president, 121 officers providing a 24-hour mobile patrol within Ruto’s official and private residences, and 51 securing his various properties.

According to reports by NATION DP William Ruto is aggrieved by the ruling of Justice Benard Eboso that the Environment and Lands Court has powers to hear the dispute, which emanated from the National Land Commission (NLC).

ALSO READ:  I Am Alive And At Work, DP William Ruto’s Aide Kelvin Ronoh Says After Alleged Death

In the ruling dated March 3, 2021, Justice Eboso told the hotel that “Section 13 of the Environment and Land Court Act grants this court both original and appellate jurisdiction to hear and determine disputes relating to the environment and the use and occupation of and title to land”.

Feeling dissatisfied, the hotel wants the Court of Appeal to set aside the ruling in its entirety.

According to Weston, the agency should have filed the case in form of an appeal.

It said the petition filed by KCAA challenging decision of NLC was an abuse of the court process, since the law expressly prescribes a statutory procedure for pursuit by persons aggrieved with determinations issued by the NLC, being an appeal to the Environment and Land Court.

The hotel states that the judge erred in ruling that the report of NLC was not subject to the appeal mechanism stipulated under Regulations of the Commission (Review of the Grants and Disposition of Public Land) Regulations, 2017.

“The judge erred in law and fact when he sat on the appeal against decision made by NLC. He made a finding that the appeal process provided by Regulation 30 of NLC Regulations is optional and not mandatory,” says the hotel in the three-page memorandum.

It further says the judge failed to address the pertinent question before court for adjudication and judicial determination and instead ‘digressed’ and made a finding on the merit of a different matter.

ALSO READ:  The Murder Suspect Whose Case Sparked the Hong Kong Protests Has Walked Free

Through Ahmednassir, Abdikadir & Company Advocates, the hotel says the judge instead ruled on whether the decision of NLC dated January 21, 2019 was an adjudication.

In the said decision, NLC had ordered that Weston should pay for the land.

“His determination that the finding and recommendation of NLC was not an adjudication under Section 14 of the NLC Act but was a finding under section 6 of the Act, was not before him for adjudication and determination,” reads the memorandum of Appeal as seen by Nation.

In a further attack to the ruling, the hotel indicates that Judge Eboso failed to a determination on the issues raised in an application dated June 16, 2020 which is still unheard.

ALSO READ:  Why Politician Buzeki is planning to Work With DP Ruto Again

The said pending application was filed by Weston seeking dismissal of the petition by KCAA on grounds that the case offends the doctrine of exhaustion of remedies.

As against Weston, the agency contends that the hotel violated its rights by irregularly acquiring its land and fraudulently registering an undervalued transfer and engaging in illegal conduct after registration of the transfer.

In 2020, KCB Group #ticker:KCB backed the court battle to block repossession of land on which Weston Hotel sits, fearing loss of security to the Sh1.2 billion loan it advanced the business associated with Deputy President William Ruto five years ago.

KCB, which offered Weston Sh1.2 billion six years ago, asked justice Eboso to dismiss KCAA and offered support to the hotel.

TRENDING VIDEO: Together Even In Marriage; Twin Brothers Marry One Wife

(Visited 222 times, 1 visits today)

Leave a Reply

Your email address will not be published.

GIPHY App Key not set. Please check settings

Cristiano Ronaldo to wear iconic number 7 shirt again for Man United

REVEALED: Why Sharon Otieno’s mother is joining politics on UDA ticket