• Garden Square Limited trading as Garden Square Restaurant had moved to court seeking ownership of the land in ELC Case No 526 of 2009.
• The court directed the NLC to collect rent from Garden Square Hotel on behalf of the County Government until the transfer of the property is concluded.
Kileleshwa MCA Robert Alai has questioned how City Hall and the Kenyatta International Convention Centre handled the court case on the ownership of Garden Square Restaurant land.
The Environment and Land Court in Nairobi issued orders granting ownership of the land to Garden Square Hotel.
"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," Justice A.O Angote ruled.
But in a letter to Nairobi Governor Johnson Sakaja dated November 20, Alai said KICC and City Hall did little to nothing in fighting for the retention of the land as public property, terming the handover "irregular and suspicious".
"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," he said.
Garden Square Limited trading as Garden Square Restaurant had moved to court seeking ownership of the land in ELC Case No 526 of 2009.
The County Government of Nairobi, the Board of the City of Nairobi, KICC and the National Lands Commission were listed as 1st, 2nd, 3rd and 4th respondents respectively.
The court directed the NLC to collect rent from Garden Square Hotel on behalf of the County Government until the transfer of the property is concluded.
"The rent deposited in court by the plaintiff during the pendency in this suit to be released to the County Government of Nairobi," the court ruled and forthwith barred City Hall from clamping vehicles parked on the property on City Hall Way.
Alai alleged that the ruling went against the County Government as the administration were "intentionally underrepresented in court hearings".
"The court's decision seemingly favouring Garden Square Restaurant Limited, with the National Land Commission (NLC) now mandated as the sole point of contact, raises suspicions of impropriety," he said.
"This act goes against the historical significance of the land, having been recovered and titled to KICC during President Kibaki's tenure after prior illicit acquisition by Kenya Africa National Union," he added.
The MCA said the judgment appears to defy the laws governing land procurement in Kenya and stands as an injustice against the people of Nairobi and Kenyans at large.
Alai listed several issues he said the governor should purpose to address starting with the reversal of the handover of the property and the adjoining land and the county's official stance on the processing of the title deed.
"The County's legal team's involvement and representation during court proceedings and the subsequent decision not to pursue an appeal," he added.
"Governor Sakaja, the urgency of this matter cannot be overstated. The integrity of our land administration system and the preservation of public resources demand immediate attention and a thorough investigation into these concerning events," he said.