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Court of Appeal Dismisses LSK’s Petition to Block KU From Donating Land to WHO

Court of Appeal Dismisses LSK’s Petition to Block KU From Donating Land to WHO

The Court of Appeal rejected a petition by the Law Society of Kenya (LSK) to prevent Kenyatta University (KU) from donating land to the World Health Organization (WHO).

In July 2022, the LSK sought a provisional order prohibiting the government from subdividing, annexing, or alienating the contested 490 acres.

The appellate court’s three-judge panel stated that the LSK failed to demonstrate that an award of damages cannot appropriately compensate for the loss of the property.

“We find that the applicant has failed to satisfy the second limb of the twin principle in accord with the requirements under Rule 5(2) (b) of the Court of Appeal rules and, accordingly, its motion fails,” reads the ruling.

The government is now permitted to cede a portion of the KU’s property to the WHO, constructing a Sh600 million emergency center to support its regional activities.

The Ministry of Health indicates in internal documents that the Kenyatta National Hospital will manage the World Bank-funded Infectious Disease Unit at KU.

If the government is determined to be in error, the university will be paid.

According to the LSK application, the government has never solicited public input or requested that the public raise concerns over coercive land acquisition.

The judgment notes, “In light of the foregoing, we are of the opinion that the applicant has proved that its appeal is arguable and has met the first prong of the twin concept for issue of orders under Rule 5(2)(b) of this Court’s Rules.”

“In view of the foregoing, we form the view that the applicant has demonstrated that it has an arguable appeal, and has satisfied the first limb of the twin principle for grant of orders Under Rule 5(2) (b) of this Court’s Rules,” the ruling states.

Prof. Wainaina stated that the notion of transferring land to WHO was not in the university’s best interest because no consultations were conducted, and they were not involved.

Court of Appeal Dismisses LSK’s Petition to Block KU From Donating Land to WHO

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