Court Rejects Bid to Place Caveat on Talanta Stadium Land

The Court of Appeal (COA) has rejected an application by a company linked to the late businessman Francis Mburu, which sought to place a caveat on the 60-acre land along Ngong Road where the Talanta Sports City stadium is currently under construction.

A three-judge bench comprising Justices Hannah Okwengu, Asike Makhandia, and Jamila Mohammed dismissed the application filed by Afrison Import Export Limited. The company had petitioned the appellate court to issue an order stopping any dealings on the property pending the hearing of an appeal.

Afrison Import Export Limited sought to restrict further activities on the site, arguing that the land formed part of a larger parcel measuring 96 acres that it claimed ownership over. The firm contended that the ongoing construction of the stadium facility would cause irreparable damage to its legal claim over the land.

However, the appellate judges ruled that the applicant failed to satisfy the necessary legal threshold to warrant the issuance of an injunction or a caveat. The bench noted that public interest and the progress of the national project outweighed the commercial claims presented by the applicant company.

The dispute over the Jamhuri land parcel stems from long-standing ownership claims regarding the property located near the Jamhuri Sports Ground. Ministry of Lands, Public Works, Housing and Urban Development (MLPWHUD) records indicate that the government allocated the 60-acre portion specifically for public sports infrastructure development.

Construction work at the Talanta Sports City stadium began following an official ground-breaking ceremony led by President William Ruto. The facility is being constructed by the China Road and Bridge Corporation (CRBC) alongside Kenya Defence Forces (KDF) engineers, who are overseeing the project execution on-site.

The sports complex is designed as a modern 60,000-seat facility intended to serve as one of the primary venues for the Africa Cup of Nations (AFCON) in 2027. Kenya is set to co-host the continental football tournament alongside neighbouring East African nations Uganda and Tanzania.

In its court filings, Afrison Import Export Limited argued that placing a caveat on the title was essential to prevent third-party rights from being created during the litigation process. The applicant expressed concern that ongoing construction activities would permanently alter the physical state of the contested property.

State counsel representing the Attorney General (AG) opposed the application, submitting that the property in question is public land dedicated to national sports development. Government attorneys argued that halting the project would jeopardize international commitments and cause significant financial loss to the public funds already committed.

The court agreed with the state's submission, observing that stopping the project at this stage would disrupt national infrastructure targets. The judges directed that the main appeal regarding the underlying land ownership dispute be scheduled for hearing in due course through standard court processes.

Work on the facility continues according to the scheduled timelines set by the Ministry of Youth Affairs, Creative Economy and Sports (MYACES). Contractors remain on site pursuing structural, civil, and earthworks necessary to meet the preliminary delivery deadlines ahead of inspection by Confederation of African Football (CAF) officials.