Former Kimilili MP, Suleiman Murunga has signalled the return of the popular Simmers Club after winning a lengthy legal battle over the ownership of a parcel of land.
In its ruling, the court directed the National Land Commission to reinstate the ownership of the land to Hon. Murunga after it found evidence of fraud.
Simmers Club was demolished on March 2, 2020 in unclear circumstances that were then found to be fraudulent by a court.
The tussle was between Mr Murunga, the family of the late Finance Minister Arthur Magugu
Her widow, Margaret Magugu had laid claim on the land, insisting that she was a partner with Nilestar Limited which had leased the land for 99 years. The lease ended in 2011 after Nilestar failed to meet the requirements of renewing the lease.
Upon expiry of the lease, Mr. Murunga sought to lease the property, on which the famous Simmers Bar and Restaurant was located.
However, through fraud and forgery, according to the court ruling, Margaret Magugu sought to take over the land shortly after Mr. Murunga had paid about 2.3 Million as allotment fees to the government.
Through another controversial company, Green Valley Limited, Mrs. Magugu and rogue lawyers engaged in a back-and-forth tussle at the corridors of justice in a bid to overturn the lease.
In 2018 Murunga stood by as his famed establishment was brought down under the strict supervision of police officers. Reason? an alleged unpaid rent amounting to 9 Million.
Property worth millions was destroyed, and a memory of the once lively town bar was was reduced to rubble. Soon after, several other establishments were set up as business entities eyed the prime property.
Murunga moved to court to stop the hostile takeover, as he was the valid owner of the property.
High Court in its determination, came to realisation that Mrs. Magugu had obtained orders under forged documents, which were altered to cheat justice.
Masore Nyang’au, the lawyers representing Mrs. Magugu were subjected to a Law Society of Kenya investigation for engaging in fraud that caused destruction of property.
The land dispute remains unresolved as the core question of ownership has not been determined.
Mr. Murunga argues that the injunction orders issued in his favor in 2014 are still in force and that he should be allowed to occupy the property.
However, the status quo was maintained. Simmers Bar and Restaurant occupies the establishment.