The Environment and Land Court has issued temporary orders stopping any physical activities on land where Alliance hotels, owned by the late veteran politician Kenneth Matiba, stands in the South Coast.
Alliance Hotels Ltd and Alliance Nominees Ltd, which are associated with the late politician, are challenging a decision by the National Land Commission to revoke titles to three parcels of land.
The two companies, which have also sued the Registrar of Lands, Kwale, and eight other people, want the court to issue an injunction restraining the respondents from trespassing or dealing in any way with the properties pending hearing and determination of their (companies) application.
They are also seeking an order suspending all suits or proceedings involving the parcels of land filed at any court, tribunal or statutory body.
On Wednesday, Justice Anne Omolo also restrained all parties from selling or leasing the properties pending the hearing of the application, or further orders of the court.
According to the companies, by way of communication received from NLC, they were advised that pursuant to a hearing held on December 14, 2016, the land agency made a determination that they had acquired the properties illegally.
They argue that NLC ordered the cancellation of their titles to the properties which was directed to the Registrar of Lands, Kwale, with eight residents being the ultimate beneficiaries of the titles to be issued.
SERVED WITH NOTICES
“The petitioners are surprised by this turn of events, especially noting that they were never served with notices or in any way involved in the hearings conducted by the NLC despite the proceedings touching on properties registered to them,” the application by the companies reads in part.
The petitioners also claim that they were being advised by locals neighbouring the properties that they (properties) were covertly advertised for sale.
Justice Omollo also directed the respondents to file their responses to the application within the next 21 days. The application has been fixed for hearing on October 23.