The Kenya Civil Aviation Authority relinquished ownership of the land where a hotel associated with Deputy President William Ruto was later built 16 years ago, according to documents in our possession.
The documents show the authority vacated the land in 2002 when it was allocated two parcels elsewhere.
The Government, through the Ministry of Lands, gave the Kenya Civil Aviation Authority (KCAA), then known as Directorate of Civil Aviation (DCA), allotment letters for the two parcels in 2001 before the agency transferred its equipment from the Weston Hotel plot.
KCAA approved the construction of the hotel on condition that its height does not go beyond 15 metres, in accordance with aviation safety rules, while acknowledging it formerly owned the land.
On July 3, 2001, former Commissioner of Lands Sammy Mwaita allocated KCAA plots LR Nos. 9187 and 9188 through letter reference No. 51776/XVI, with the agency paying Sh3,530 through cheque No. 005174.
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“Enclosed herewith please find cheque for Sh3,530 being payment for the above plot and arrange to process title deed as necessary. Please let us also have a copy of a deed plan to enable us locate the site for further necessary action,” BSK Muli wrote to Mr Mwaita on behalf of the then KCAA managing director, Chris Kuto, on August 6, 2001.
However, on August 22, 2001, then Transport PS Francis Muthaura wrote to his Lands colleague, Nehemiah Ng'eno, asking him to safeguard the plot as it had buildings that provide central storage facilities for sensitive air navigation equipment and spares.
Safeguard ownership
“In order to safeguard ownership of this Government plot, which seems to attract attention of property developer, I request your office to issue a title deed to the DCA,” Mr Muthaura said. It was not immediately clear whether Muthaura's order was obeyed.
On October 1, 2002, KCAA assistant director B Amukowa communicated the decision to relocate the DCA stores from the Weston land and appointed the officer in charge of the logistics unit, AN Gatta, to spearhead the relocation.
The next day, Amukowa wrote memo captioned "Special Assignment" to the officer in charge of air navigation services, asking him to report to the DCA Central Stores to coordinate the removal of the agency’s equipment to another location.
“It has been decided that you report to the DCA central stores to handle the co-ordination of identification of usable and bondable stores and subsequent transfer of the same to Central Transmitting Station for bondable stores and to Central workshops for usable stores respectively,” Amukowa wrote.
On January 6, 2003, when then President Mwai Kibaki's administration took over, then Transport PS Sammy Kyungu wrote to his Lands colleague, Francis Baya, referring to Muthaura’s letter and complaining that a private developer had fenced off the plot.
"In order to safeguard ownership of this Government plot, I request once again and as a matter of urgency issue a title deed in favour of KCAA. Any wrongful allotment of and issuance of title deed that may have been given to any other party should be revoked," Mr Kyungu said. It is not clear whether this request was acted upon.
In spite of earlier ownership claims by the Government, KCAA approved Ruto’s request to construct a hotel six years later on the very plot the ministry insisted belonged to it.
Priority Management
On April 29, 2008, when Ruto was serving as minister for Agriculture, KCAA wrote to Priority Management, the then owners of the land, asking for Sh6,000 as fee for inspection and approval.
“Kindly provide the architectural design of the building you intend to construct. Please note that we shall require comments from Kenya Airports Authority (KAA) on the same,” Senior Ground Operational Inspector MA Ombasa wrote.
On June 17, 2009, KCAA Chief Ground Operations Officer Peter M Munyao wrote to the KAA managing director asking for comments about the proposed Weston Hotel.
“We have received application for a proposed hotel at former KCAA stores Wilson Airport off Lang'ata Road for Messrs. Weston hotel of PO Box 62860 Nairobi. The proposed hotel shall be of fifteen (15) metres above ground level,” Munyao said.
The law required developers planning building near airport to seek KAA's authorisation.
Last week, Ruto told the National Land Commission (NLC) probing the acquisition of the 0.7 hectares or (1.7 acres) that he legitimately bought the land. The DP, Rachel Ruto, Charlene Chelagat, and Matiny Limited are listed as shareholders of Weston Hotel Ltd.
“Our client is not aware of any allegations of fraud or misrepresentation in procuring the transfer and registration of the transfer. In any event, if such an allegation were made, it would be the duty of the person making such claims to prove it,” lawyer Ahmednasir Abdullahi said.
Mr Abdullahi told the National Land Commission: “Our client is a bonafide purchaser for value. If there is any defect on the title, our client was not aware of it. The allotee has a valid grant obtained from Government, on which was endorsed the transfer to our client.”
