A judge will today decide whether the Kenyan independence party African National Union (KANU) should reclaim the iconic Kenyatta International Conference Center (KICC) in Nairobi.
Kanu filed a petition in the Environment and Lands Court four years ago seeking to reclaim the building after it was evicted by 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 Land Commissioner and obtained its title deed on May 25, 1989.
“That the petitioner had an irrevocable title to the land Reference No. 209/11157 as the registered owner under Section 26 of the Land Registration Act, No. 3 of 2012, it was unlawful for the first respondent (CS Lands) to claim revocation,” Kanu said. ownership without following due legal procedures.”
The party, which ruled for nearly 40 years until 2002 when it was defeated by the Narc, claimed that the KICC had always been its own, although it had been run by various entities, including government ministries, over the years.
George Wainaina, the party's national executive, says in an affidavit that the executive order did not resolve the ownership dispute.
The government opposed the case, arguing that KICC could not have been awarded to Kano because these spaces were designated for public purposes.
Judge Jacqueline Mogini will deliver her ruling this morning.
The country's founding president Jomo Kenyatta officially opened the building on September 10, 1973.
The party says despite taking over KICC without compensation, the government has claimed it is waiving its responsibility to pay liabilities, bills and utilities owed to the property, including a debt of over Sh400 million owed to Kenya Power and Lighting Limited.
“That the petitioner holds a title under the (repealed) Property Registration Act which remains in his possession, custody and authority and has not been withdrawn, cancelled, annulled or restricted by any adverse claim from any private or governmental authority,” Kanu says in court documents.
“As a result of the unlawful acts of the respondents, the petitioner has suffered and continues to suffer damages and losses resulting from the wanton loss of property, tenants and income,” Mr Wainaina said.
Mr Wainaina argues that the forced takeover by the Narc government in 2003 amounted to an illegal establishment of public rights to private property and was instigated against the rules of natural justice and is therefore invalid.
KICC is among the parastatals earmarked for privatization by Kenya's Kwanzaa administration although opposition party ODM has challenged the plans in a case awaiting ruling.