Why Weston case was never heard

The Kenya Civil Aviation Authority’s (KCAA) legal battle with President William Ruto’s Weston Hotel over the contested Lang’ata land ended without a full hearing on ownership or how the property changed hands.

Politics, delays in complying with court directives, and fresh applications stalled the case from the time KCAA first approached the Environment and Land Court on June 24, 2019.

After multiple adjournments, the matter was slated for hearing on July 29, 2020. One delay stemmed from the National Land Commission (NLC) requesting more time to respond to the case due to a lack of sitting commissioners.

On May 26, 2020, the court granted the NLC permission to file its reply, setting a deadline of July 29, for all parties to submit their filings—signalling readiness for a substantive hearing.

However, in June this year, Weston filed an application seeking to strike out the entire case. This new move meant the court would have to determine the fresh application before proceeding to hear the core dispute—potentially ending the matter before trial.

The calibre of legal teams suggested both sides were prepared for a fierce contest, with KCAA seeking to demolish the hotel.

Early in the case, Weston objected to the presence of lawyers perceived to be allies of Orange Democratic Party’s (ODM) leader Raila Odinga.

Weston’s lawyer, Ahmednasir Abdullahi, argued that senior counsels James Orengo and Otiende Amollo—then Senator for Siaya and MP for Rarieda respectively—should be disqualified due to their roles in Parliament, claiming the Constitution barred lawmakers from practising in court.

Both Orengo and Amollo were elected on ODM tickets. Ahmednasir alleged the case was politically driven and aimed at generating media attention.

He said Orengo, then Senate Minority Leader, could not act as counsel and would file an application to have the ODM-affiliated lawyers removed.

Orengo defended his position, stating that previous attempts to block him from practising had failed.

“Many applications have been filed against me without success,” he said.

However, in October 2019, Orengo withdrew from the case. KCAA’s lawyer Stephen Ligunya informed Justice Bernard Eboso that after consultations with the authority, Orengo had agreed to step aside.

“Our client views this as a sideshow, and the decision was made that Senior Counsel will no longer participate,” said Ligunya.

In a shift of tone, Ahmednasir expressed disappointment at Orengo’s exit: “I’m disappointed that Orengo has opted out of this matter,” he said.