Court rules KICC land belongs to govt after revoking title issued to KANU » Capital News

NAIROBI, Kenya, June 3 – The Environment and Land Court has ruled that the land on which the Kenyatta International Convention Centre belongs to the government after revoking the title issued to the Kenya African National Union (KANU) in May 1969.

According to Justice Jacqueline Mogeni, the land was illegally and unalwfully acquired by KANU, the independent party.

She further issued a declaration that the Ministry of Touism 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 allienated 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.

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