Margaret Magugu, the widow of former Finance Minister Arthur Magugu, on Wednesday led her family to the contested plot where the once-popular Simmers Restaurant stood in Nairobi’s central business district.
This is after her family won the first round in their efforts to control the plot after a protracted 14 year battle in court.
Margaret under Nilestar Holdings won in a ruling dated June 13 by Justice Ogutu Mboya who reaffirmed her as having possession, occupation and use over the land where former Simmers used to operate.
“That there be and is hereby granted an order of status quo be maintained over and in respect of the suit property pending the hearing and determination of the suit. For coherence, the status quo shall relate to the current occupation, possession and use of the suit property.”
“That in terms of possession, occupation, and use, it is hereby confirmed that it is the first and second defendants who have been in possession and shall thus remain in such occupation and possession,” the ruling by Justice Mboya said.
Accompanied by her son and family lawyer, Steve Njoroge, Margaret inspected the site on Wednesday, urging tenants to abide by the law while expressing her faith in the judicial process.
“I am here first to thank the courts for agreeing with me that those seeking to take over this property are not genuine,” she stated, expressing relief after nearly 14 years of legal wrangling with former Kimilili MP Suleiman Murunga over the land.
Margaret’s visit came shortly after a violent incident on the property, where suspected goons attempted to take control on Monday night, leaving six people injured and resulting in over 12 arrests.
Despite this ruling, former Kimilili MP Suleiman Murunga, who claims beneficial ownership of the parcel after Simmers Restaurant and was evicted on March 2, 2018, has filed a new suit.
He argues that he had leased the land since 1997 from Nilestar Holdings and that Nilestar’s 99-year lease expired on December 31, 2009. According to Murunga, his application for renewal was not granted, but in 2011, he applied for and was allotted the property.
Justice Jackline Mogeni, who is handling Murunga’s new suit, has blocked any transfer, subdivision, or use of the parcel pending further hearings. The next directions in this case are expected on July 9, 2024.
