By Peter Ochieng
The management of Kenyatta International Convention Centre (KICC) management has hailed the High Court’s Monday ruling, confirming that the government is the rightful owner of the land on which KICC stands.
As earlier reported by Nairobi Review, Judge Jackline Mogeni ruled that the commissioner of lands had no powers 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,” she declared.
Speaking after the ruling, KICC Chief Executive Officer (CEO) James Mwaura expressed relief at the resolution of the issue.
“This decision paves the way for us to focus on accelerating the strategic efforts to enhance the profitability of this iconic building, and grow Kenya’s Conference Tourism,” he said.
On the flipside, however, KANU said it was disappointed by the judgement. The statement said KANU’s legal team has been instructed to file a notice of appeal with immediate effect.
“While we respect and appreciate the independence of the Judiciary as an arbiter in this matter, we wish to clearly state that we are in total disagreement with the judgement granting the ownership of the land to the Ministry of Tourism.
“Meanwhile, the party has already instructed its legal team to file a notice of appeal with immediate effect as the party combs through the substance of the judgement to issue a comprehensive statement in due course.”
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.