Nairobi County fails to eject Rubis in land dispute

A judge has quashed a letter from Nairobi County government requiring KenolKobil to move out of a disputed plot at the junction of Haile Selassie Avenue and Uhuru Highway.

Justice Loice Komingoi found the county government wrong in ordering the oil dealer to stop further construction on the piece of land and vacate the site immediately.

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

The company moved to court last year when the county government issued the notice on February 13, 2020. In the letter, the county government directed the company to cease construction and move out immediately, yet it had in the previous year, approved alterations to the existing petrol station.

The county government granted the company the permission to make alterations on March 14, 2019 and the Kenya National Highways Authority also allowed the oil dealer to upgrade an access road to the petrol station.

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

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

He further said section 26 of the Land Registration Act 2012 provides that a certificate of title is to be held as conclusive evidence of ownership.

Mr Kioko said in an affidavit that KenolKobil holds a valid title deed making the company the absolute and indefeasible owner of the land.

He argued that the city county government failed to afford it an opportunity to be heard, before issuing the drastic orders.

The county did not defend the case.