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A dispute between a member of the Kenyatta family and real estate developer Suraya Property Group may be headed for arbitration.
Commercial Court judge Alfred Mabeya said he would rule on October 12 whether to grant an application by Suraya that the matter be referred to an arbitrator.
On Wednesday, the parties wound up their submissions in the legal tussle over the sale of 242 acres of prime land owned by Michael Muigai, the son of the late Peter Muigai Kenyatta.
The land was mortgaged at the Barclays Bank for a consideration of a loan of Sh565 million.
Mr Kenyatta through lawyer Gichuki King’ara urged the court to dismiss the suit saying the dispute between his client and Suraya was settled through a consent filed in court.
READ: Kenyatta kin seeks out of court settlement
“In the absence of a document holding the claim, the application should be struck off and dismissed, so that this suit can remain settled,” submitted Mr Kinga’ra.
Suraya through lawyer Njoroge Regeru said the suit should be determined by an arbitrator and asked the court to preserve the 242 acres pending the appointment.
“Our substantive claim can only be addressed and determined by the arbitral tribunal and not by the court,” Mr Regeru told justice Mabeya.
On December 13 last year, judge Mabeya allowed Mr Kenyatta to sell 44 acres to offset the Barclays Bank debt of Sh565 million.
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