Piccadilly Holdings Limited has filed a preliminary objection seeking to block a suit by activist Francis Awino challenging the ownership of disputed Nairobi land, arguing that the case is time-barred and that the plaintiff lacks legal standing.
In its notice of preliminary objection, the company contends that the suit is incompetent, fatally defective and barred under Section 7 of the Limitation of Actions Act, Cap. 22, which generally prohibits actions to recover land after 12 years.
Piccadilly Holdings further argues that Awino lacks locus standi, or the legal standing required to institute and maintain the proceedings.
The objection targets both the main suit and Awino’s application dated June 4, 2026, with the company seeking to have the legal issues determined before the court proceeds to a substantive hearing.
The company maintains that legal standing is a fundamental requirement in civil proceedings, arguing that a party without the requisite standing cannot sustain a suit regardless of whether a cause of action might otherwise exist.
The case centres on land formerly identified as LR No. 209/391, which Awino claims was subsequently subdivided into LR Nos. 209/19886, 209/19887 and 209/19888.
In his suit, the activist wants the court to declare the property public land or find that it was unlawfully alienated, arguing that any private interests arising from irregular allocations or registrations should be declared null and void.
He has sued Piccadilly Holdings Limited, Excel Limited, the Cabinet Secretary for Lands and Physical Planning, the Chief Land Registrar, Nairobi City County and Kenya Railways Corporation.
Awino is seeking orders to invalidate allocations, leases, certificates of lease, title documents, registrations and development approvals associated with the disputed property.
He also wants the relevant land authorities compelled to cancel, rectify or expunge entries and documents he considers unlawful from official land records.
Beyond challenging the ownership records, Awino is seeking a permanent injunction restraining Piccadilly Holdings, Excel Limited and anyone claiming through them from occupying, developing, transferring, leasing, charging or otherwise dealing with the land.
He has also asked the court to order the eviction of the two companies and other persons claiming through them, with vacant possession subsequently handed over.
The activist is further seeking orders compelling Nairobi City County to enforce applicable planning and development control laws.
He also wants Kenya Railways Corporation, where necessary, to disclose the basis and extent of any claim or interest it may have in the property.
Other reliefs sought include general damages for alleged trespass, unlawful occupation or interference with the land, mesne profits, costs and interest.
In his pleadings, Awino disclosed that he had previously filed ELC Constitutional Petition No. E083 of 2025 concerning the same subject matter.
The petition was struck out on February 3, 2026, after the court determined that the issues raised were civil in nature and should be pursued through an ordinary civil claim.
Awino subsequently filed the current suit seeking declarations on the status of the land, cancellation of allegedly unlawful ownership records and orders to prevent further dealings with the property.
Piccadilly Holdings’ preliminary objection now places the legal competence of the case before the court as an initial issue that may need to be resolved before the substantive dispute can proceed.
The court’s determination of the objection will establish whether the suit can proceed or faces a legal hurdle on the grounds raised by the company.
