A court Monday ruled that the land housing the Kenyatta International Convention Center (KICC) belongs to the government.
Justice Jacqueline Mogeni said the land was illegally and unlawfully acquired by KANU, the independent party.
She revoked the title issued in the name of KANU and issued a declaration that the Ministry of Tourism is the lawful owner of the land.
“The allocation of the property to Kanu without following legal procedure is unlawful and illegal,” she said.
She questioned how late President Daniel Arap Moi was allocated the land that was surveyed and allotted for public use.
She observed that KANU did not in evidence present the procedure of how public land was alienated and then allocated to chairman of a political party.
She said the commissioner of lands had no power to alienate suit premises to KANU.
Kanu filed the case before the environment and land court in 2020.
It sought to reclaim the land saying it was allocated to it May 1969 by the commissioner of lands.
The party stated in court documents that it was allocated the land on May 10,1969 by the commissioner of lands and acquired a title deed to the land on May 25, 1989.
“That the petitioner has an indefeasible title to land Reference Number
209/11157 as the registered owner under section 26 of the Land Registration Act, No. 3 of 2012 and it was unlawful for the lst respondent (CS Lands) to purport to revoke the title without due process of the law,” KANU said in the court documents.
The government opposed the case arguing that having been established within public squares, KICC could not have been given to Kanu as such spaces are meant for public purposes.
Kanu claimed that KICC had always been its property, although it had been managed by different entities, including government ministries, over the years.
The country’s founding President Mzee Kenyatta officially opened the building on September 10, 1973.
The party says despite taking over the KICC without compensation, the government purported to waive its responsibility to pay liabilities, bills and utilities due to the property including a debt of more than Sh400 million owed to the Kenya Power and Lighting Company Ltd.
“That the petitioner holds a title deed under the Registration of Titles Act (repealed) which is still in its possession, custody and power and has not been recalled, revoked, cancelled or encumbered by any adverse claim from any private or government authority,” KANU says in court documents.
George Wainaina, the party’s national executive officer says in an affidavit that the Executive Order did not determine the ownership dispute.
Wainaina argued the forcible takeover by the Narc government in 2003 amounted to unlawfully creation of the public rights in a private property and were instigated against the rules of natural justice, hence void.
KICC is among the parastatals earmarked for privatisation by the Kenya Kwanza Administration although opposition party ODM has challenged the plans in a case pending judgement.
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