Kanu fails bid to repossess KICC

Former ruling party Kanu suffered a setback on Monday after an attempt to repossess Kenyatta International Conference Centre was dismissed by a Constitutional Court.

A three-judge bench ruled that the independence party failed to support their claims in the ownership dispute. Consequently, the landmark building will remain the property of the State.

The building was repossessed from the former ruling party in February 2003 by the Narc administration.

The repossession was done through an “executive order” announced by the then Tourism minister Raphael Tuju. It thereafter ignited a dispute with Kanu moving to court to challenge the move.

Kanu was to score the first when it went to court and obtained an order from the High Court allowing them to reoccupy their offices at the KICC.

The order came after the Government had already told party officials to quit by 5pm on February 14, 2003 - and after a team of carpenters had already changed all the locks on Kanu office doors.

Kanu’s eviction was put on hold by Mr Justice Richard Kuloba until the case seeking reinstatement was determined. The judge then ruled that nothing should be delayed or removed.

The Judge also said the executive order directing KICC back to the Government can remain as “a declaration of intent,” but should not be implemented until the case was resolved.

He said he made the orders to protect and be fair to both sides and thereafter allowed the party’s lawyers Mr Mutula Kilonzo to bring proceedings seeking judicial intervention blocking the executive order within the next 21 days. Mr Kilonzo then told the court that by throwing Kanu out of KICC, the Government was attempting to dismantle the official opposition. He said the executive order would affect and expose other tenants at KICC who were not party to the dispute.

The former ruling party had named President Mwai Kibaki, the then Justice minister Kiraitu Murungi, Attorney-General Amos Wako, the Commissioner of Lands and the Registrar of Titles and Mr Tuju in the suit as respondents.

However on Monday, Mr Justice Joseph Nyamu, Benjamin Kubo and George Dulu ruled that the suit was fatal as the President was immune to judicial review. The judges further said that the suit could not be cured since Kanu made a mistake by coming in itself to court rather through its officials such as the chairman, secretary or treasurer.

The three judges noted that Kanu had failed to come to court to prosecute the case. This was after Mr Kilonzo’s firm withdrew from representing Kanu last week.

In his application for the suit to be dismissed with costs, Dr Gibson Kamau Kuria told the court that ownership dispute was a matter of private law and not judicial review.

“What was brought to court was a dispute over title. The truth is that they cam to the wrong court,” he said. The lawyer said the leave to institute judicial review granted by Mr Justice Kubo six years ago was wrong. He said in his three- paragraph sworn statement, former minister Julius Sunkuli failed to support Kanu’s ownership claim.

The building was put up between 1966 and 1973 with key government officials including President Kibaki and acting Finance minister John Michuki being involved then in one way or another.

Mr Kibaki served then as minister for Commerce and Industry and minister for Finance during the period. Mr Michuki was Permanent Secretary for Finance and former Comptroller of State House Mr Materi Keriri was his deputy. All available evidence points to the fact that the KICC was built solely with government funding.

The property was also maintained and managed by the government until 1989 when it was transferred to Kanu in unclear circumstances. Successive reports of the Controller and Auditor General have since raised queries over the irregular transfer of government property to private interests with no compensation whatsoever.

Mr Tuju was in court to celebrate the move.