Court extends orders barring Robert Alai from interfering with Runda property
Cancer Investments Limited, through its director Mukhtar Ahmed Parkar, accused Robert Alai of invading and taking possession of the property on March 31. He said that all efforts to remove him and other alleged trespassers have been unsuccessful.
The High Court has extended orders stopping Kileleshwa MCA Robert Alai from interfering with a disputed property in Runda area, which belongs to Cancer Investments Limited.
Justice Mohamed Kullow extended the orders on Monday after parties appeared before him.
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"Interim order originally issued on May 19 extended to September 24 when the case will be heard," the judge said.
The company, through its director Mukhtar Ahmed Parkar, accused Alai of invading and taking possession of the property on March 31. He said that all efforts to remove him and other alleged trespassers have been unsuccessful.
Mukhtar added that he sought the intervention of the police following the alleged invasion, but efforts to remove Alai and his associates have been futile.
The plaintiff's proprietary rights over the suit property being protected under Section 26 of the Land Registration Act prima facie entitle the plaintiff to protection under Article 27(1) of the Constitution," he stated.
Parkar said the company purchased the property from Trans National Bank on January 13, 1992, and has been in possession ever since. He also revealed that the property has been charged to a bank for a loan of Sh110 million.
In a suit filed before the Environment and Land Court, Cancer Investments Limited is seeking a temporary injunction to restrain Alai and his agents from trespassing on, or interfering with, the company's quiet enjoyment and lawful occupation of the land.
The court was informed that on March 31, 2025, Alai, allegedly believing the property to be vacant, forcibly entered the premises with others, purportedly to facilitate further trespass.
The company's director, who had gone to inspect the site, confronted Alai and his group. During the altercation, associates of Alai—allegedly armed with crude weapons—broke the padlock on the gate, physically assaulted the director, and injured him.
"Alai's group is said to have demolished a concrete pillar supporting the gate to gain entry into the compound. Police officers dispatched from Runda Police Station to manage the situation were reportedly met with resistance from Alai's associates," court documents stated.
The incident was reported to Runda Police Station under OB No. 31/3/2025, with the company alleging that the invasion was unauthorised and orchestrated by Alai.
According to the company's lawyer, Kinyanjui, Cancer Investments is the lawful owner of the disputed parcel of land.
He submitted that the company is at risk of being unlawfully dispossessed due to Alai's actions and those of individuals he allegedly invited, described in the court filings as "goons and vagabonds" - who are attempting to seize the land illegally, in violation of the Land Act and Article 40 of the Constitution.
Kinyanjui told the court that Cancer Investments purchased the property from Transnational Bank of Kenya on January 13, 1992 and has retained possession ever since.
Recently, while preparing for renovations, the company allowed workmen on-site to carry out preliminary repairs pending the submission of planning documents to the Nairobi City County Government for approval.
The court heard that the company has consistently paid utility bills issued by service providers, including Runda Water Limited and electricity suppliers.
The lawyer further stated that neither the company nor its directors had, through action or omission, invited or permitted Alai to enter, occupy, or construct on the land. He emphasised that there was no written agreement in place, as required by Section 3(3) of the Law of Contract Act.
The company affirmed that it had never entered into any transaction involving the property with Alai or any other party. It also clarified that the property had not been offered as collateral, nor had the original title deed been surrendered. The title remains with Diamond Trust Bank of Kenya.
In response, Alai denied forcibly entering the contested property accompanied by goons. He also refuted claims that he deposited two truckloads of machine-cut stones or erected an iron sheet fence on the land.
Alai argued that the businessman had failed to produce crucial documents, including the title deed, sale agreement and the alleged charge documents.
"The balance of convenience favours setting aside the injunction, as the plaintiff's unproven ownership and evidential gaps outweigh any alleged harm," Alai said.
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