At least six individuals sustained injuries during a clash between two factions vying for control of the plot formerly occupied by the Simmers Restaurant in Nairobi’s Central Business District.
Police reported the arrest of 12 individuals involved in the chaos that erupted on the night of Monday, June 17. The conflict arose between two groups claiming ownership of the site, with one asserting itself as the rightful owners and the other laying claim as the new proprietors.
Tensions escalated when an auctioneer, hired by one faction, attempted to take control of the plot with the assistance of hired individuals, prompting resistance from the opposing group already occupying the site.
Law enforcement intervened, making arrests and attending to the injured parties. Nairobi Police Chief Adamson Bungei confirmed ongoing investigations into the incident.
Concurrently, the family of former finance minister Arthur Magugu achieved a legal victory, with Magugu’s widow, Margaret Magugu, represented by Nilestar Holdings, securing a ruling by Justice Ogutu Mboya on June 13 affirming their possession, occupation, and use of the land formerly occupied by Simmers.
“That there be and is hereby granted an order of status quo be maintained over and in respect of the suit property pending the hearing and determination of the suit. For coherence, the status quo shall relate to the current occupation, possession and use of the suit property.”
“That in terms of possession, occupation, and use, it is hereby confirmed that it is the first and second defendants who have been in possession and shall thus remain in such occupation and possession,” the ruling by Justice Mboya said.
He said by consent of the advocates for the parties, the application dated June 5 2024 is hereby compromised on among other terms that there be and is hereby granted an order of status quo be maintained over and in respect of the suit property pending the hearing and determination of the suit.
“For coherence, the status quo shall relate to the current occupation, possession and use of the suit property.”
“That nevertheless, the orders of status quo herein shall not enable anyone who has hitherto not been in possession to enter upon and/or trespass onto the suit property or in any other way interfere with the current use of the suit property,” the judge ordered.
The legal saga surrounding the plot on Kenyatta Avenue, formerly occupied by Simmers Restaurant, continues with a twist as former Kimilili MP Suleiman Murunga filed a fresh suit before Justice Jackline Mogeni, paralleling the ongoing case before Justice Ogutu Mboya.
Both suits involve the same parties and concern ownership of the same piece of land. Justice Mogeni has issued an interim order blocking any transfer, subdivision, or use of the parcel until the petition is heard, with further directions scheduled for July 9, 2024.
Murunga’s contention is that he is the beneficial owner of the plot after Simmers Restaurant was evicted on March 2, 2018. At the time of eviction, the restaurant employed over 67 individuals and was a prominent outlet for alcoholic products, garnering several awards.
Murunga claims to have leased the land since 1997 from Nilestar Holdings under the name Green Valley Ltd. The lease, which was originally granted for 99 years, allegedly expired on December 31, 2009.
Despite applying for renewal, Murunga asserts that the renewal was not granted by the Commissioner of Lands. Subsequently, in 2011, Murunga applied for and was allotted the property.
Murunga argues that upon compliance with the terms of the allotment, he transitioned from being a tenant to a legal and/or beneficial owner of the premises.
Consequently, he ceased paying rent to Nilestar Holdings, and in 2013, he obtained court orders preventing the attachment of his property by previous owners who claimed outstanding rent of Sh1.62 million. However, shortly after the ruling, the National Land Commission (NLC) purportedly withdrew the allotment letter issued to Murunga.
This action formed the basis for seeking a review of the court’s ruling and lifting the injunction against Murunga’s eviction from the premises.
