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Kenyatta College land feud: LSK, activist petition court docket to dam subdivision
Friday July 15 2022
A decide has blocked the deliberate subdivision of Kenyatta College’s land pending the dedication of a petition filed by the Legislation Society of Kenya (LSK).
Justice Oscar Angote additional restrained the federal government from harassing college officers to implement a Cupboard resolution directing the establishment to cede a part of its land to the World Well being Organisation (WHO) for a well being emergency hub.
The Surroundings and Land court docket decide granted the order barring the college’s council from surrendering title paperwork of the contentious land as directed by the Head of Public Service, Joseph Kinyua.
Via senior counsel Ahmednasir Abdullahi, the LSK mentioned the chairman of the college council Prof Shem Migot-Adholla had highlighted the constitutional and statutory anomalies within the means of buying KU’s land however declined to give up the title deed.
He additional cited that Mr Kinyua had despatched a letter to the vice-chancellor Prof Paul Wainaina directing him to give up the titles. “The vice-chancellor has since resigned because of the strain,” he mentioned.
In accordance with the candidates, the federal government has by no means referred to as for public participation or requested the general public to boost points on obligatory acquisition of the land.
“It’s hereby ordered that the appliance is licensed as pressing,” Justice Angote mentioned and directed that the case be heard on July 27.
Activist’s case
Earlier Friday, activist Enock Aura additionally went to court docket to dam plans to hive off the land for the WHO facility.
In his utility, Mr Aura mentioned the Kenyatta College’s land shouldn’t be idle or obtainable for allocation because it was put aside for schooling functions and subsequently constitutes protected land.
The establishment’s vice chancellor Prof Paul Wainaina was pressured out this week, and the college’s council suspended for refusing to give up the title deeds as directed by Mr Kinyua.
Apart from 30 acres earmarked for allocation to WHO, the federal government desires to hive off one other 190 acres to settle Kamae squatters, 10 acres for the Africa Centre for Illness Management and Prevention and one other 180 acres for the Kenyatta College instructing, Referral and Analysis Hospital.
Additionally learn: MPs reject Sh600m request for KU hospital
The activist argues that the illegal takeover will serve no public curiosity. “The purported land person of the World Well being Organisation Medical Emergency Hub will probably be incompatible with the grant person of the swimsuit land designated for Kenyatta College,” he mentioned in an affidavit.
His lawyer Harrison Kinyanjui says it’s unlawful for the federal government to commit a fund of $5 million (roughly Sh600 million) for the illegal funding.
The activist additional argues that the alleged squatters shouldn’t be given land as a result of a judgment issued final 12 months by the Surroundings and Land court docket dismissed a case that they had filed. Within the resolution, the court docket famous that the squatters had already been allotted 30 acres as per an inventory of 1984.
“An expressly unconstitutional and unlawful purported alienation of about 410 acres of the swimsuit land belonging to Kenyatta College below Article 62(1) of the structure is imminently about to happen except this court docket intervenes,” Mr Aura mentioned.
“It will be manifestly extremely vires for the Kenyatta College Council to purport to, or be coerced below duress or such like threats and manipulative intimidation to cede a part of the land,” he mentioned.
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