KANU to appeal High Court verdict dismissing its claim to KICC

The Kenya African National Union (KANU) has instructed its legal team to explore the next cause of action against a High Court judgement which disputed ownership of the parcel of land on which the Kenyatta International Convention Centre (KICC) sits.

In a statement posted on its social media pages on Monday, the former ruling party stated that it was disappointed by the judgement delivered today in Nairobi by Justice Jacqueline Mogeni of the High Court of Kenya.

Mogeni, while presiding over the case at the Environment and Labour Court (ELC), declared that KICC belongs to the government through the Ministry of Tourism. She dismissed KANU's prayers, seeking to be declared the owner of the globally acclaimed conference facility.

"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. From the outset, KANU reaffirms its position that the allocation of the parcel of land was procedurally effected under the previous constitution. Therefore, we insist on our position that we are the legitimate and bona fide owner of the said parcel of land.

"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. It must not be lost on Kenyans that this matter dates back to 2003 when the government unilaterally issued an executive order revoking KANU's ownership of the land. Consequently, the party swiftly moved to court with its officials then who included President William Ruto and Attorney General JB Muturi in their capacities as Secretary General and Organising Secretary, respectively," the statement added.

KANU emphasised that it will pursue all legal avenues to ensure that justice is served.

Kenyan President William Ruto (3rd L) and other leaders from the African continent take part in a panel discussion while attending the African Development Bank (AfDB) Annual Meetings at the KICC in Nairobi on May 29, 2024. (Photo: PCS)

While issuing the ruling on Monday, Justice Mogeni declared that the Ministry of Tourism is the lawful owner of the land and KANU registration is unlawful, illegal, and unconstitutional.

"The suit property as registered in the name of the principal secretary under the Ministry of Tourism is appropriate," the judge declared.

In February 2003, the late President Mwai Kibaki reversed the ownership of the building to the Ministry of Tourism. KANU went to court four years ago, seeking to reclaim the facility which was opened on September 10, 1973. The party was presumed to be the owner of KICC until Kibaki took power in 2002.

KANU had argued that the land was allocated to it in 1969 before a title deed was formally issued in 1989 by the commissioner of lands.

It added that it holds a title deed under the Registration of Titles Act despite the state takeover, claiming the building was not recalled, revoked, cancelled, or encumbered by any adverse claim from any private or government authority.

KANU had sued the Ministry of Lands, arguing that as a consequence of the "unlawful acts of the state actors, "the petitioner suffered and continues to suffer damage and loss from "arbitrary" loss of property, tenants, and income."

The party had argued that the takeover of the monumental property amounts to the unlawful creation of public rights in private property and is against the rules of natural justice.

However, Justice Mogeni explained that the commissioner of lands had no power to alienate the land to KANU, as the cockerel party had claimed. She revoked the title deed previously held by KANU, stating that the allocation did not follow due process.