KENYA ANTI-CORRUPTION COMMISSION V. WILLESDEN INVESTMENTS LIMITED, BEN MULI, JATIN PATEL, HITESH RATHOOD, MARTHA KIMWELE, KENYA HOTEL PROPERTIES LIMITED, WILSON GACHANJA & CITY COUNCIL OF NAIROBI

JUDGMENT OF THE COURT

A brief history of the events leading to the filing of this appeal are as follows: The long running dispute relates to a parcel of land known as L.R No. 209/12748 situated between Nyayo House and Hotel Intercontinental and linking Uhuru Highway to the central business district of Nairobi.

The 1^st respondent has all along held the only grant to the suit property issued to it by the Government of Kenya on 1^st January, 1994 for a term of 99 years. At some point either before or after that date, the 6^th respondent occupied the property on a lease granted to it by the then City Council of Nairobi. After several attempts to have the 6^th respondent vacate the property and compensate the 1^st respondent failed, the latter filed HCCC No. 367 of 2000 against the 6^th respondent for;

a) a declaration that it (the 1^st respondent) was the lawful owner of the property; and that the occupation of the property by the 6^th respondent was unlawful, null and void;

b) vacant possession

c) m…