The Environment and Land Court has ruled that the land on which the Kenyatta International Convention Centre (KICC) belongs to the government.
This is after revoking the title issued to the Kenya African National Union (KANU) in May 1969.
Justice Jacqueline Mogeni says the land was illegally and unlawfully acquired by KANU, the independent party.
Further, she declared 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.”
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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 for allotting public land and then allocating it to the 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 to reclaim the land, saying the commissioner of lands allocated it to it in May 1969.
The party stated in court documents that the commissioner of lands allocated the land on May 10, 1969, 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.
The government opposed the case, arguing that KICC could not have been given to Kanu because it was established within public squares, which are meant for public purposes.
