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Kenya Civil Aviation Authority (KCAA) ask the High Court to intervene as it renews its bid to reclaim the land upon Weston Hotel

The Kenya Civil Aviation Authority (KCAA) has called upon the High Court to intervene as it renews its bid to reclaim the land upon which Weston Hotel stands currently. In a recent application filed before the Environment and Lands Courts, Kenya Civil Aviation Authority (KCAA) says it has been two years since Weston Hotel obtained orders suspending the case to pursue an appeal which has made no progress at all since they given out their interest.

Weston Hotel moved to the Court of Appeal in 2021 faulting High Court Judge Benard Eboso for insisting on hearing a petition filed by Kenya Civil Aaviation Authority (KCAA). The petition by the state agency was challenging a decision by the National Land Commission report that recommended Weston Hotel to pay for the airport-disputed land instead of the property being demolished or vacated. Weston Hotel in objection to that case asked the court to dismiss the matter on grounds that the High Court lacked jurisdiction to hear it by then.

High Court declined and directed the matter to proceed for a full hearing. Aggrieved, Weston Hotel 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.

Owing to the developing instances in the case, KCAA says it have been unable to utilize the land for the last two years. 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.

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