Kenya – Court Issues Mandate To Suspend Activities On Disputed Kenya Railways Prime Property

By Lisbeth Micheni, Kenya

The Chief Magistrate’s Court at Milimani Commercial Court has issued an order in the ongoing land dispute involving Modcar Auto Limited, Elyas Sheikh Abdinoor, and Kenya Railways Corporation.

The order, issued by Chief Magistrate Sammy Opande, aims to prevent further activities on the contentious property located along Commercial Street in Nairobi, pending the resolution of the case.

In a ruling delivered on August 22, 2024, the court granted an order restraining the defendant, Abdinoor, and any individuals acting on his behalf, from trespassing on the disputed land.

The order also prohibits any “advertising, sale by public auction, transferring, or other dealings with the property”, which is referenced as Kenya Railways Corporation Siding Land and measures approximately 0.25 acres.

The court’s order also directed the Officer Commanding Nairobi Railways Police Station (OCS) to enforce the mandate, ensuring that no further unauthorized activities occur on the property.

The Mandate was sought by Modcar Auto Limited, the plaintiff in the case represented by lawyer Billy Janji, following allegations that Abdinoor had unlawfully taken control of the property in December 2023.

Abdinoor, however, argues that he holds legitimate leasehold rights, a claim that has led to a heated legal battle between the parties.

This move is seen as a protective measure to preserve the status quo until the court reaches a final decision on the matter.

The Mandate was sought by Modcar Auto Limited, the plaintiff in the case, following allegations that Abdinoor had unlawfully taken control of the property in December 2023.

The company claims to be the rightful occupant of the land, with a lease approved by the Kenya Railways Corporation Board of Directors. Abdinoor, however, argues that he holds legitimate leasehold rights, a claim that has led to a heated legal battle between the parties.

Modcar Auto Limited’s case depends on its assertion that Abdinoor has relied on fraudulent documents and corrupt practices to assert his claim to the property.

The company has also accused certain officials within the Kenya Railways Corporation of aiding Abdinoor in his efforts to take over the land, a charge that has prompted Modcar Auto to seek investigations by the Ethics and Anti-Corruption Commission