Kileleshwa Ward Representative Robert Alai.
A private firm has sued Kileleshwa MCA Robert Alai for allegedly invading a property in Nairobi’s high-end Runda estate.
Cancer Investments Ltd said in a petition certified as urgent that Mr Alai invaded and took possession of the property on March 31, and efforts to remove the trespassers have been in vain.
“The lawful proprietorship of the suit property by the plaintiff (Cancer Investments Ltd) ought to be protected against entrenchment of the 1st defendant (Mr Alai) into the suit property vide the issuance of the injunction sought herein,” the firm said through lawyer Harrison Kinyanjui.
Environment and Land court judge Mohamed Kullow directed Mr Kinyanjui to serve the court documents upon Mr Alai, the Attorney General and the Officer Commanding Gigiri Police Station, ahead of the hearing on May 19.
The firm’s director, Mukhtar Ahmed Parkar, said it sought the intervention of the police when the property was invaded, but he was unsuccessful since Mr Alai allegedly asserted political influence.
“The plaintiff’s proprietary rights over the suit property being protected under section 26 of the Land Registration Act, prima facie entitle the plaintiff to the protection of the law under Article 27(1) of the constitution,” he said.
He said his company purchased the property from Trans National Bank on January 13, 1992 and has been in possession since then.
Mr Ahmed added that he has been remitting all dues on utilities, including Runda Water Ltd, as well as electricity, which will be provided, as evidence, during the hearing.
He said the property was invaded while he was preparing to renovate it, after it was leased by a nearby school.
The company said it has never entered into any transaction involving the property with Mr Alai or any other party, and its original title was still charged to a bank.
During the confrontation, Mr Alai’s alleged associates—armed with crude weapons—allegedly broke the gate, physically assaulted the director, and injured him.
The invaders also demolished a concrete pillar supporting the gate to gain entry into the compound.
Mr Kinyanjui said Mr Ahmed was subsequently barred from accessing the property.
“Apparently, imagining that the suit property is vacant and unoccupied, the 1st defendant herein and with intent to permit other trespassers to illegally enter thereon, and occupy the suit property without the plaintiff’s consent or authority, the 1st defendant forced his entry into the suit property,” he said.
The company is seeking orders to block Mr Alai from occupying, leasing or carrying out constructions on the property.
“It is imperative that this honourable court intervenes and, without validating the otherwise unlawful presence of the 1st defendant in the suit properties, issues the orders sought to stop any further illegal construction on the property,” Mr Kinyanjui said.
