The High Court has allowed the Law Society of Kenya (LSK) to file a contempt case against Head of Public Service Joseph Kinyua and Kenyatta University council members for allegedly violating a court order stopping the allocation of university land to another party.
Justice Oscar Angote of Lands court, who stopped further excursion of the land on July 15, directed Senior Counsel Ahmednassir Abdullahi to file the case within a week.
The new development arises from allegations by Mr Abdullahi that the university council interfered with the matter through backdating minutes related to the land issue.
"We express displeasure with the conduct of the university council which has attempted to interfere with the status quo by fraudulently backing minutes relating to the matter in question," Ahmednasir claimed.
He also accused Mr Kinyua of giving adverse directions on the land when there are court orders in place.
Mr Ahmednasir applied for permission to file the contempt of court case accompanied by a detailed affidavit highlighting the violations.
Justice Angote allowed the LSK lawyer to put in the application and affidavit within five days.
The court also extended orders stopping Kenyatta University from surrendering its title deed in a bid to hive off part of its land for allocation to World Health Organisation (WHO) or squatters.
Justice Angote extended the conservatory orders to August 8, 2022 pending the hearing of a case filed by LSK challenging what they termed as illegal acquisition of the university land.
The judge ordered all respondents in the case including NLC and KU council to filed their pleadings within three days.
LSK sought the court intervention saying the compulsory acquisition of a section of the land is illegal and unconstitutional as the university council or members of the public were never called for public participation.
"Unless this court intervenes, the respondents will implement the impugned directive thereby arbitrarily depriving Kenyatta University of the parcel that is being forced to surrender without compensation," Ahmednasir said.
LSK's petition highlights arguments that the government through the highest office in the land has since been harassing, issuing threats, and intimidating members of the council for failure to surrender the land as directed.
"The petitioner seeks to show Head of Public Service Kinyua’s actions have been used and utilised for purposes of perpetuating and concealing illegalities, further to profit and benefit corrupt inept individuals at the expense of the institutions, against the law and public policy," the senior lawyer told the court.