Court Allows KU Land Take Over By State
The government has been granted permission to take over the 410 acres of Kenyatta University land by an Environment and Lands Court.
This came after Justice Oscar Angote dismissed a case brought by the Kenya Law Society to challenge the takeover.
In his ruling, Justice Angote stated that the government has a good intention to take over the land, which cannot be stopped.
The Law Society of Kenya (LSK) argued in its application, filed through lawyer Ahmednassir Abdullahi, that Kinyua lacks the authority to initiate or carry out activities for compulsory acquisition of public land.
“The process was illegal from the beginning as pointed out by the university council chairman that the government cannot acquire the land without their consent.
“That is why the university was justified to resist the draconian and impunity takeover,” said Abdullahi.
Respondents in the case were Mr. Kinyua, Kenyatta University Council, the Attorney General, the National Land Commission, and the Cabinet Secretary for Lands and Physical Planning, according to LSK.
The land dispute at Kenyatta University has been ongoing for months and was only brought to light by President Uhuru Kenyatta’s remarks during a visit to Kenyatta University Teaching, Referral, and Research Hospital (KUTRRH).
On the one hand, Kenyatta University stated that it had plans to develop its 1,000 acres of land.
The government, for its part, intends to subdivide 410 of those 1,000 acres for notable purposes such as the establishment of international health facilities.
The government was stopped three weeks ago from selling the 410 acres owned by Kenyatta University.
The order was issued by Justice Angote in response to a petition filed by the Law Society of Kenya challenging attempts to force the university to hand over a portion of the land to Kenyatta University Teaching and Referral Hospital (KUTRH), the World Health Organization, and squatters.
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“The government, its agents, or anyone acting on its behalf are hereby prohibited from carrying out the directive issued by the Head of Public Service on July 7 directing the university to surrender the land.” They are also barred from subdividing the land until the case is heard,” the judge ruled.
He also told KU Council Chairman Prof Shem Migot-Adhola and Vice-Chancellor Prof Paul Wainana not to hand over the land title, as ordered by Head of Public Service Joseph Kinyua on July 7.