Independence party Kanu has staked claim for the iconic Kenyatta International Convention Centre (KICC) more than two decades after it was kicked out of the building through an Executive Order.
In a petition pending before the Environment and Land Court since 2020, Kanu says its removal and forceful takeover of KICC by the government in February 2003 was illegal and in breach of its constitutional rights.
Other than the building that sits on a 1.694 hectare parcel of land, Kanu also accuses the government of failing to settle more than Sh700 million electricity bill due to Kenya Power, forcing the utility firm to attach its property in Nakuru.
The party unsuccessfully tried to stop the sale when Supreme Court judges agreed with Kenya Power that the appeal neither involved the interpretation or application of the Constitution nor was it involving matters of general public importance.
“It is, therefore, extremely crucial as the constitutional mandate of this court to determine this reference as to the rights of the parties following the takeover of the petitioner’s Land reference Number 209/11157 by the respondents,” Mr George Wainaina, the National Executive Officer of the party said in a sworn statement.
Kanu has sued the Land and Physical Planning Cabinet Secretary, Tourism Cabinet Secretary, the Attorney-General, KICC, the National Land Commission (NLC) and Kenya Power.
The party says it is the beneficial owner of the LR No. 209/11157, after it was allocated the land on May 10, 1969 through an allotment letter by the Commissioner of Lands.
The independence party says it was granted a title deed for the land on May 25, 1989 for 99 years.
In government defence, Mr Timothy Waiya Mwangi, deputy director of physical planning at the Ministry of Lands said the land could not have been allocated to Kanu.
Mr Mwangi said the Nairobi City Square, which was planned in 1948, was a public space. He said within the square were the High Court (Now Supreme Court) buildings, Jogoo House A, Public Works Building (Harambee House) and the Attorney-General’s chambers.
Outside the square, he said, were Parliament Buildings, the Holy Family Basilica, City Hall and Vigilance House.
“In keeping with the established philosophy of planning and location of public squares, functions carried out in the above buildings are public and accessible to all. The land use within and around the square was and is still characterised by public purpose use,” Mr Mwangi said.
The party said it has the right to own and dispose of the property but its rights were irregularly and unlawfully curtailed through an Executive Order on February 11, 2003 reclaiming the property.
Through the order, the government evicted Kanu, its agents and tenants from the building and took over the management of KICC.
The party said the takeover was illegal as there was no consideration or compensation.
According to Kanu, the government ignored a court order stopping the takeover.
Mr Wainaina said Kanu still holds the title deed, which has not been recalled or revoked and the takeover was, therefore, in breach of its rights and illegal.
