A Nairobi court has dismissed a case filed by Muthithi Investments and Marble Arch Hotel Limited over the re-erection of a fence in the city's Central Business District (CBD).
The land in question was used as a parking lot by the Marble Arch Hotel and was alleged to be public land. However, the hotel claimed ownership of the land, stating that it was the rightful proprietor of the properties.
Justice Lucy Mbugua ruled that the suit had no merit, citing that Muthithi Investments did not follow the laid down dispute resolution mechanisms. The judge added that the hotel's director, Mike Maina, had stated that the then Nairobi Governor Mike Sonko sought to demolish the hotel on allegations that the titles to the properties were fraudulently acquired.
However, the gazette notice made no reference to the authenticity of the petitioners' title to the suit property, and the issue outlined on the enforcement notice were on issues of illegal developments and occupation, noted Justice Mbugua.
The court's decision comes after a similar case was rejected by the High Court in 2019, where the hotel had applied to fence part of the land that was demolished by the County Government.
The Nairobi County Government had embarked on a campaign to reclaim grabbed parking bays within the CBD in 2018, resulting in the repossession of over 200 parking slots.
