The Kenya Civil Aviation Authority (KCAA) has asked the High Court to intervene as it renews its bid to reclaim the land upon which Weston Hotel stands.
In a fresh application filed before the Environment and Lands Courts, KCAA says it has been two years since Weston obtained orders suspending the case to pursue an appeal which has made no progress at all.
Weston moved to the Court of Appeal in 2021 faulting High Court Judge Benard Eboso for insisting on hearing a petition filed by KCAA.
The petition by the state agency was challenging a decision by the National Land Commission report that recommended Weston to pay for the airport-disputed land instead of the property being demolished.
Weston in objection to that case asked the court to dismiss the matter on grounds that the High Court lacked jurisdiction to hear it.
But the High Court declined and directed the matter to proceed for a full hearing.
Aggrieved, Weston appealed. An order was then issued suspending the matter at the High Court to allow Weston to pursue the appeal.
But KCAA now says Weston has failed to prosecute the appeal.
Through Lawyer Stephen Ligunya, KCAA says, "There are no attempts, evidence, showing that Weston has obtained any directions on the appeal and neither has it served upon us any directions for the disposal of its appeal."
KCAA says it has a right to a fair trial and expeditious disposal of the main suit which is being curtailed by Weston for failing to prosecute its case at the appellate court.
Owing to the developing circumstances in the case, KCAA says it has been unable to utilize the land for the last two years.
It wants orders issued in September 2021 suspending hearing of the matter set aside and the matter to be heard quickly.
