Justice Mohammed Kullow of the High Court rejected a bid by Makadara constituency MP George Aladwa and other defendants to halt the Ethics and Anti‑Corruption Commission’s (EACC) lawsuit over a contested Nairobi land parcel.

The ruling, delivered on 9 November, dismissed the defendants’ preliminary objection, allowing the case to move to a full hearing.

EACC’s claim targets Aladwa, a private company, members of his family and a SACCO, alleging fraud and illegal acquisition of the property.

Defendants argued the suit was incompetent, legally defective and filed beyond the 12‑year limitation period for land recovery claims, also questioning EACC’s authority versus the National Land Commission (NLC).

EACC countered that Section 11(1)(j) of the Ethics and Anti‑Corruption Commission Act gives it mandate to institute proceedings to recover or protect public property.

Justice Kullow agreed, stating the NLC’s mandate does not preclude EACC from pursuing recovery actions, and found the commission’s counsel properly authorised under the Advocates Act.

Regarding the limitation period, the court held the case could not be dismissed as time‑barred at this stage because the fraud allegations require evidence‑based determination of the discovery date.

The judge concluded that the defendants had not demonstrated sufficient grounds to terminate the proceedings before a full trial, permitting EACC’s suit to proceed.