The Kenya Civil Aviation Authority (KCAA) is seeking urgent intervention from the High Court in its renewed efforts to reclaim the land on which Weston Hotel is situated.
In a recent application filed before the Environment and Lands Courts, KCAA expressed its frustration over the lack of progress in the case, which has been suspended for two years following an appeal by Weston.
In 2021, Weston contested a decision by High Court Judge Benard Eboso and took the matter to the Court of Appeal, arguing that the High Court lacked jurisdiction to hear KCAA’s petition.
The state agency had challenged a National Land Commission report recommending Weston to pay for the disputed airport land instead of demolishing the property.
Despite Weston’s objection, the High Court insisted on proceeding with a full hearing. Weston, dissatisfied with this decision, appealed and successfully obtained an order suspending the case to allow the pursuit of the appeal.
However, KCAA, through its lawyer Stephen Ligunya, now asserts that Weston has failed to make any progress in prosecuting the appeal.
Ligunya stated, “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.”
Emphasizing its right to a fair trial and the expeditious disposal of the main suit, KCAA argues that Weston’s failure to prosecute the case at the appellate court is hindering the progress of the overall legal proceedings.
Due to the ongoing legal dispute, KCAA claims it has been unable to utilize the land for the past two years.
As a remedy, KCAA is urging the High Court to set aside the orders issued in September 2021 that suspended the hearing and to expedite the resolution of the case.
