A legal storm is brewing in Nairobi as the Registered Masonic Trustees of Nairobi (RMTN) move to court seeking urgent protection against what they describe as unlawful interference and forceful entry by the Nairobi City County Government on their property along Nyerere Road over alleged land rates arrears amounting to KSh 19 million.
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The trustees, through Rachier and Amollo Advocates, filed a notice of motion before Justice Bahati Mwamuye seeking the High Court to urgently restrain the county government and its agents from any further actions against the disputed property.
The petition follows a dramatic incident on May 14, 2025, where county officers reportedly broke down the gate to the Freemasons’ premises and placed a public notice claiming that the Trust had defaulted on land rates.
However, the Masonic Trustees argue that there are charitable organisations whose property is exempt from land rates under Legal Notices Nos. 389 and 390 of 1990, issued by the defunct Nairobi city council.
“The applicant is a society duly registered in Kenya under the Societies Act, Chapter 108 of the Laws of Kenya, carrying out charitable activities, and is the registered proprietor of all that property known as L.R. No. 209/2473, Nairobi,” court papers seen by TUKO.co.ke indicate.
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According to the documents served in court, the legal notices remain valid, having never been revoked or superseded.
The Trustees claim that past attempts by the county to enforce land rates were dropped once the exemption was brought to light.
“The respondent’s conduct amounts to a gross violation of the applicant’s constitutional rights,” the documents read on.
The Trustees argue that their rights under Articles 40 and 47 of the Constitution—protection of property and fair administrative action—have been blatantly ignored.
The Trustees claim the county government had previously acknowledged this exemption through formal correspondence but still proceeded with enforcement action on May 14, 2025.
According to the court documents, City Hall officials used excessive force to demolish the property’s gate before posting a default notice declaring the premises under county management.
The mysterious group is now seeking compensation, citing emotional and operational disruption, and urging the court to bar the county from making any further demands until the matter is resolved.
Further, they contend that the County’s actions violate their legitimate expectation, a legal principle arising from Article 47, which guarantees that administrative decisions must be lawful and reasonable.
They told the court that the county failed to issue any formal communication explaining the basis for the recent enforcement actions.
“The respondent has exercised powers not granted to it under any law and acted with impunity, depriving the applicant of quiet possession of its property,” the court filing states.
The Masonic Trustees say they are a registered society under the Societies Act and are known for their charitable contributions and longstanding historical presence in Nairobi.
Their property, located in the city centre, is considered a heritage landmark.
Their court application further invokes Kenya’s constitutional framework, highlighting obligations under Articles 2, 3, 10, and 21, which require all state organs to respect, uphold, and promote human rights and the rule of law.
The trustees argue that the county government’s actions undermine these constitutional principles and threaten their continued charitable work.
The matter is set to be heard on an urgent May 29, this year.,
Freemasonry is often perceived by outsiders as a secretive organisation with mysterious intentions.
This was until William Ramsay McGhee, the grand master mason of the Grand Lodge of Scotland, gave the true perspective of the society.
He sought to dispel these misconceptions by explaining the fundamental principles that guide society.
Ramsay highlighted the contrast between public perception and the reality understood by Freemasons.
He stressed that members believe in God and that Freemasonry exists to uphold the values found in religious teachings.
Ramsay refuted claims that the organisation is secretive, asserting that its true purpose is to foster virtues that shape humanity and enable members to contribute positively to society.
He further clarified that the traditional secrets within Freemasonry are not harmful but rather serve to preserve the organisation’s core values, which promote integrity and other essential virtues.
Source: TUKO.co.ke
