The High Court has ruled that the land housing Kenyatta International Convention Center (KICC) belongs to the government.
While delivering the verdict on Monday June 3, Justice Jacqueline Mogeni said the land was illegally and unlawfully acquired by Kenya African National Union (KANU).
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She revoked the title issued to KANU, ruling that the Ministry of Tourism is the lawful owner of the land.
“A declaration that Ministry of Tourism is the lawful owner of the land and KANU registration is unlawful, illegal and unconstitutional,” court declared.
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The judge further questioned how the late President Daniel Arap Moi was allocated the land not surveyed and allocated for public use.
Justice Mogeni said that KANU did not present evidence in the procedure for how public land was alienated and then allocated to the party adding that the commissioner of lands had no power to alienate property to them.
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KANU Demanding Ownership of KICC
The Party argued in court documents that it was allocated the land on May 10, 1969, by the Commissioner of Lands and acquired a title deed to it on May 25, 1989.
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“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 (CS Lands) to purport to revoke the title without due process of the law,” Kanu said.
KANU for years has claimed ownership of the property and had listed it among its assets in filings to the Registrar of Political Parties.
KICC was thought to be the property of KANU until President Mwai Kibaki’s government took over it in 2003.
However, George Wainaina, the party’s national executive officer, in an affidavit said that the Executive Order did not determine the ownership dispute.
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He argued that 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 Ksh 400 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“That the petitioner holds a title deed under the Registration of Titles Act (repealed) which is still in its possession, custody and power and has not been recalled, revoked, cancelled or encumbered by any ad adverse claim from any private or government authority,” KANU said in court documents.
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