June 24, 2024
High Court Terms KANU's ownership of KICC 'Unlawful And Illegal'

High Court Terms KANU’s ownership of KICC ‘Unlawful And Illegal’

The Kenya African National Union (KANU) party suffered a setback on Monday when it lost possession of the multi-billion Kenyatta International Convention Centre (KICC) property.

In a verdict, Justice Jacqueline Mogeni of the High Court in Nairobi annulled KANU’s title deed, which the party claimed was issued to itself.

Justice Mogeni determined that the Ministry of Tourism was the legal owner of the expansive facility.

“The allocation of the property to KANU without following legal procedure is unlawful and illegal,” Justice Mogeni stated.

The High Court questioned how the Independence Party was assigned the block of property that was not surveyed and was designated for public use.

Justice Mogeni stated that KANU did not provide evidence in the procedure on how public land was alienated and then handed to the party.

She stated that the commissioner of lands had no authority to transfer property to KANU.

In their court pleadings, KANU claimed that the land administrator assigned it the land in May 1969 and provided them a title deed, making them the legitimate owners of the multibillion-dollar property.

The party had filed the case at the Environment and Land Court, attempting to reclaim the land after it was evicted in February 2003 by executive order.

“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 1st respondent to purport to revoke the title without due process of the law,” the party said in the court documents.

Despite being managed by several entities, KANU stated that KICC was always their property. Kenya’s first president, the late Mzee Kenyatta, officially launched the facility in September 1973.

The party protested that, notwithstanding the government’s seizure without compensation, the government claimed to have waived its responsibility to pay liabilities, bills, and utilities related to the property, including a debt of more than Ksh400 million owed to the Kenya Power and Lighting Company Ltd.

High Court Terms KANU’s ownership of KICC ‘Unlawful And Illegal’

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