Piccadilly Holdings Limited has filed a preliminary objection challenging a lawsuit by activist Francis Awino seeking to have disputed Nairobi land declared public property and the cancellation of titles allegedly linked to irregular allocations.
The company argues that the suit is legally defective, incompetent and time-barred under Section 7 of the Limitation of Actions Act, which generally bars actions to recover land after 12 years.
In its notice of preliminary objection, Piccadilly Holdings also questions Awino’s legal standing to institute and maintain the proceedings, arguing that he lacks the necessary locus standi to pursue the case.
The objection targets both the main suit and an application dated June 4, 2026. The company intends to have the legal issues considered before the court proceeds to determine the substantive dispute over ownership of the property.
Piccadilly Holdings maintains that legal standing is a fundamental requirement in civil proceedings and argues that the case cannot be sustained if the plaintiff lacks the legal authority to bring it before the court.
The dispute concerns land formerly identified as LR No. 209/391, which Awino says was subsequently subdivided into LR Nos. 209/19886, 209/19887 and 209/19888.
In his suit, Awino is asking the court to declare the property public land or find that it was unlawfully alienated. He argues that any private interests arising from allegedly irregular allocations or registrations should be declared null and void.
The defendants named in the case include 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 wants the court to invalidate allocations, leases, certificates of lease, title documents, registrations and development approvals associated with the disputed property. He is also seeking orders directing the relevant land authorities to cancel, rectify or expunge entries and documents he considers unlawful from official land records.
The activist is further seeking a permanent injunction barring Piccadilly Holdings, Excel Limited and anyone claiming through the two companies 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 of the property handed over accordingly.
Among his other requests, Awino wants Nairobi City County compelled to enforce applicable planning and development control laws. He is also seeking disclosure from Kenya Railways Corporation, where necessary, on the basis and extent of any claim or interest it may have in the property.
The suit additionally seeks general damages for alleged trespass, unlawful occupation or interference, mesne profits, costs and interest.
In his pleadings, Awino disclosed that he had previously filed ELC Constitutional Petition No. E083 of 2025 over 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, according to the pleadings.
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 presents an initial legal hurdle that the court may be required to resolve before the substantive questions surrounding the land’s ownership and alleged irregular allocation can be heard.
The court’s determination of the objection could establish whether the suit proceeds to a full hearing or faces a legal barrier before the ownership dispute is considered on its merits.
