Wema Foundation Trust Company claims it obtained a 45-year-lease to build the market in August, 2011, on the 0.8094 hectares plot.
The company, through its director Abdikadir Sheikh Mumin, says it was to construct the market and a mall worth Sh600 million through a public-private partnership with the county.
The facility is to consist of six floors comprising shopping malls and a parking bay with construction expected to be completed in three years.
The High Court is set to hear a dispute pitting the Nairobi county government and a private developer over plans to construct a modern market in Kariokor area.
Wema Foundation Trust Company claims it obtained a 45-year-lease to build the market in August, 2011, on the 0.8094 hectares plot.
The company, through its director Abdikadir Sheikh Mumin, says it was to construct the market and a mall worth Sh600 million through a public-private partnership with the county.
The facility is to consist of six floors comprising shopping malls and a parking bay with construction expected to be completed in three years.
But last year, Nairobi Governor Mike Sonko together with the Ministry of Infrastructure and Urban Development invited bids from other parties to construct a similar market on the disputed plot.
In January, Mr Sonko announced that his government would receive Sh650 million from the World Bank for the construction of Mwariro and Karandini markets where hawkers who flood the central business district would be relocated.
Mr Mumin moved to court last year and obtained orders stopping any plans to bring in other companies. He argued that his company has a valid lease and asked to be allowed to build and manage the market for a specified period.
He said the agreement between him and the county government was duly registered and a title issued.
Former County Secretary Gregory Mwakanongo officially handed the site to the company on June 3, 2015.
A letter attached to the court documents shows former county executive for Urban Planning and Lands Christopher Khaemba, confirming that the PPP was legally done on August 17, 2011 and subsequently registered on February 19, 2016.
The plaintiff, however, says despite being served with the court papers, the county government has proceeded with other plans for construction of the facility.
On April 5, Justice Samson Okong’o directed City Hall to respond to the suit within 14 days as he made orders stopping any further activities on the plot. The judge also asked the parties to appear before him on May 7 to confirm whether the activities have stopped and for further directions.
Mr Mumin says that pursuant to the terms of agreement, the case should be referred to arbitration but before then, the construction should cease.
