A judge will today decide whether independence party Kenya African National Union (Kanu) should reclaim the iconic Kenyatta International Convention Centre (KICC) in Nairobi.
Kanu filed the petition at the Environment and Land Court four years ago seeking to get back the building after it was kicked out through a presidential executive order on February 11, 2003. 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.
“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.
The party, which governed for nearly 40 years until 2002 when it was defeated by Narc, claimed that KICC had always been its property, although it had been managed by different entities, including government ministries, over the years.
George Wainaina, the party’s national executive officer, says in an affidavit that the Executive Order did not determine the ownership dispute.
The government has opposed the case, arguing that KICC could not have been given to Kanu as such spaces are meant for public purposes.
Justice Jacqueline Mogeni will deliver her verdict this morning.
The country’s founding President Jomo Kenyatta officially opened the building on September 10, 1973.
The party says 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 Sh400 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“That the petitioner holds a title deed under the Registration of Titles Act (repealed) which is still in its possession, custody and power and has not been recalled, revoked, cancelled or encumbered by any adverse claim from any private or government authority,” Kanu says in court documents.
“That as a consequence of the unlawful acts of the respondents, the petitioner suffered and continues to suffer damage and loss resulting from arbitrary loss of property, tenants and income,” Mr Wainaina said.
Mr Wainaina says the forcible takeover by the Narc government in 2003 amounted to the unlawful creation of public rights in private property and was instigated against the rules of natural justice, hence void.
KICC is among the parastatals earmarked for privatisation by the Kenya Kwanza Administration although opposition party ODM has challenged the plans in a case pending judgement.
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