Kileleshwa Ward Member of County Assembly (MCA) Robert Alai has written to Nairobi Governor Johnson Sakaja Asking him to explain the takeover of part of the Kenyatta International Convention Centre (KICC) land by Garden Square restaurant.
In a letter dated November 20 obtained by The Kenya Times, Alai wrote to Sakaja on behalf of the residents of Nairobi City and Kenyans demanding an explanation why some legal procedures were overlooked.
At the same time, Alai raised concerns over the underrepresentation of both Nairobi City County and KICC during a suit that saw Garden Square legally take over the land in phases.
“Kenyans are troubled by the seemingly irregular and suspicious circumstances surrounding the handover of this valuable property to Garden Square Restaurant Limited.
“It has come to our attention that critical legal procedures were overlooked or negligently handled by your officers and those of KICC during the period when this matter was in court,” the letter read in part.
Details of the Garden Square Case and Ruling
In court documents seen by The Kenya Times, a ruling made in 2009 by Justice A.O Angote of the Environment and Land Court in Nairobi granted ownership of the land to Garden Square Hotel.
Notably, the ruling was made after Garden Square Limited trading as Garden Square Restaurant moved to court seeking ownership of the land in ELC Case No 526 of 2009.
The County Government of Nairobi, the Nairobi City Board, KICC, and the National Lands Commission were named as the first, second, third, and fourth respondents, respectively.
However, the court granted Garden Square ownership of the land, and was directed to pay rent to the National Lands Commission on behalf of the County Government until the transfer of the property is concluded.
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“Subject to the payment of rent and the allocation of the suit property, a permanent injunction be and is hereby issued restraining the County Government of Nairobi, the Board of the City of Nairobi and the Kenyatta International Convention Centre by themselves, servants and/or agents from trespassing on the suit property,” the ruling read in part.
Before the ruling, Garden Square revealed to the court that it was paying rent to KICC until it filed the suit.
Also, the court was informed that during the construction of KICC, the piece of land in question was one and it included land belonging to COMESA and Garden Square.
However, when it was re-planned, the COMESA land remained unlocated and it was the parcel belonging to Garden Square.
“The land was re-planned to include KICC building and its parking as one block and that the COMESA grounds facing Parliament Road was left as unallocated land, and so was the land where Garden square Restaurant stands,” added the ruling.
Alai’s Letter to Sakaja Unearths New Revelations on the Case
On the other hand, Alai stated that “allegations had resurfaced indicating that members of the Acting County Secretary who also doubles up as Chief Officer Planning,
“Together with some members of the County Assembly’s Planning Committee were compromised through bribes, resulting in a weakened legal stance.”
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Further, he noted that the loss of the case and the fact that there was no appeal from the county government were red flags of an underlying matter.
According to the MCA, the court’s decision favored Garden Square because of its ties within the National Land commission.
“The subsequent loss of the case and the lack of pursuit for an appeal by the County, compounded by accusations of bribery within the county executive leadership, present grave concerns.
“The court’s decision seemingly favoring Garden Square Restaurant Limited, with the National Land Commission (NLC) now mandated as the sole point of contact, raises suspicions of impropriety, especially considering the familial ties between Garden Square Limited’s owner and a high-ranking official at NLC,” lamented Alai.
Demands to Governor Sakaja
Subsequently, the letter asked governor Sakaja to treat the matter with great concern and urgency demanding that he issued clarification on the “circumstances under which Garden Square Restaurant and its adjoining land were allocated to Garden Square Restaurant Limited.”
Also, Alai asked for clarification over the County’s legal team’s involvement and representation during court proceedings and the subsequent decision not to pursue an appeal.
At the same time, the letter required the Nairobi governor to issue clarification on the involvement of the County Secretary, Nairobi City County Assembly’s Planning Committee leadership, and any alleged instances of bribery or impropriety.
He is also required to reveal the steps taken or to be taken to halt any unauthorized construction and land partitioning on the property and submit the County’s official stance and actions regarding the alleged processing of a land title for Garden Square.
