Nairobi County does not evict Rubis in land dispute

Nairobi County does not evict Rubis in land dispute

Companies

Nairobi County does not evict Rubis in land dispute

Tuesday, August 10, 2021

Rubis Gigiri, Nairobi. FILE PHOTO | NMG

Nairobi County does not evict Rubis in land dispute

By SAM KIPLAGAT
More from this author

Summary

  • A judge struck down a letter from the Nairobi county government that required KenolKobil to move from disputed land at the junction of Haile Selassie Avenue and Uhuru Expressway.
  • Judge Loice Komingoi found that the county government erred in ordering the oil merchant to stop construction on the land and vacate the site immediately.

A judge struck down a letter from the Nairobi county government that required KenolKobil to move from disputed land at the junction of Haile Selassie Avenue and Uhuru Expressway.

Judge Loice Komingoi found that the county government erred in ordering the oil merchant to stop construction on the land and vacate the site immediately.

“In conclusion, I find merit in this application. I find that the ex parte Applicant (KenolKobil) has presented a good case for review, ”the judge said.

The company went to court last year when the county government issued the notice on February 13, 2020. In the letter, the county government ordered the company to stop construction and move immediately, but in the The previous year it had approved modifications to the existing gas station.

The county government granted the company permission to make modifications on March 14, 2019 and the Kenya National Roads Authority also allowed the oil trader to improve an access road to the gas station.

But shortly after the company embarked on the works, the county government issued the notice. KenolKobil said in the lawsuit that Article 40 (1) of the Constitution guarantees the protection of property as long as the property is legally acquired.

Through operations manager Pius Kioko, the company said the county government’s action forcing it to leave the facility was unconstitutional.

In addition, he said that section 26 of the Land Registry Act of 2012 states that a certificate of title will be kept as conclusive proof of ownership.

Mr. Kioko said in an affidavit that KenolKobil has a valid title to the property that makes the company the absolute and inalienable owner of the land.

He argued that the city county government did not give him a chance to be heard before issuing the drastic orders.

The county did not defend the case.

Business