Deputy President William Ruto is making another stab at saving his hotel, Weston, in fresh application filed in court.
Lawyers representing the hotel have filed an application in a bid to stop Monday’s hearing.
The case versus Kenya Civil Aviation Authority (KCAA) at the Environment and Lands Court is set to kick off tomorrow (July 12).
This is after Justice Bernard Eboso dismissed Weston’s argument that it had no powers to hear the case.
In June 2020, the hotel argued that KCAA defied National Land Commission’s (NLC) orders to conclude negotiations on the land.
But the judge in his ruling in March this year noted that the court had powers to hear cases from the commission.
Through lawyer Ahmednasir Abdullahi, the hotel wants the hearing postponed so as to allow time to appeal the ruling.
“The matter is now scheduled for highlighting of submissions on July 12, 2021. Unless the stay of the further proceedings is granted, the intended appeal will be rendered nugatory for the appeal is likely to be overtaken by events and the applicant shall suffer irreparable harm and injury,” the application reads in part.
One of the grounds for appeal is that the court should not have heard the KCAA case as a new matter.
Instead, the lawyer argues, the aviation authority should have filed an appeal.
The hotel also noted that the presiding judge erred by finding that the NLC could not hear and determine land matters.
“The impugned ruling offends the doctrine of exhaustion of remedies and condones the prohibition against the principle of Constitutional avoidance,” said Weston.
“The ruling of March 3, 2021, will occasion a gross miscarriage of justice unless stayed.”
According to KCAA director Gilbert Kibe, the DP Ruto linked hotel is using delay tactics to have the matter in court for longer periods.
“This application is specifically intended to delay the hearing of the substantive petition for nefarious reasons… The second respondent (Weston) has not filed submissions on the main petition for over two years now in breach of directions issued multiple times,” KCAA said in response to the Weston application.
KCAA wants Weston taken down and the land given back to Wilson Airport.