By Peter Ochieng
The High Court has delivered the much-awaited ruling on the contested ownership of the Kenyatta International Convention Centre (KICC), Nairobi.
Judge Jackline Mogeni on Monday ruled that the iconic building is owned by the government through the ministry of tourism, dismissing a petition by the Kenya African National Union (KANU) party seeking to be declared the owner.
The judge said that the commissioner of lands had no power to alienate the land to KANU, in 1969. She said the land was allocated to KANU without following due process, terming the move illegal and unconstitutional.
“The suit property as registered issued in the name of PS under ministry of tourism is appropriate. A declaration that Ministry of Tourism is the lawful owner of the land and KANU registration is unlawful, illegal and unconstitutional,” court declared.
KANU has for years claimed ownership of the property. The independence party currently headed by Gideon Moi, listed KICC among its assets in filings to the Registrar of Political Parties.
Kanu filed the case before the Environment and Land Court, after it was kicked out though an executive order in 2003. Before the late Mwai Kibaki was elected Kenyan’s third President in 2022, many Kenyans assumed that KICC belonged to KANU.
“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 papers.
The party stated 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.