Court stops sub-division of Kenyatta University land and harassment of officials
3 min readCourt stops planned sub-division of Kenyatta University land and harassment of officials by the state.
Until the outcome of a petition brought by the Law Society of Kenya, Justice Oscar has barred any proposed subdivision of the land owned by Kenyatta University (LSK).
The government was further barred by Justice Oscar Angote from harassing university employees in an effort to carry out a cabinet resolution ordering the institution to relinquish some of its land to the World Health Organization (WHO).
As instructed by Joseph Kinyua, the head of the public service, Justice Angote granted the order preventing the university council from turning over the title documents to the disputed land.
He directed the case to be heard on July 27.
According to the LSK, through senior counsel Ahmednasir Abdullahi, the university council’s chairman, Prof. Shem Migot-Adholla, drew attention to legal and legislative irregularities in the acquisition of KU’s land but refused to give up the title deed.
He added that Vice Chancellor Prof. Paul Wainaina had received a letter from Mr. Kinyua ordering him to give up the titles. He stated, “The vice-chancellor has subsequently resigned as a result of the pressure.
The applicants claim that the government has never sought public consultation or asked anyone to voice concerns about the compulsory acquisition.
“Unless this court certifies the matter as urgent and addresses the plea of the applicant, the directives made by the respondent will crystalize and the rights of the applicant will be greatly compromised,” Mr. Abdullahi said.
This comes after an activist moved to court on Friday, July 15 morning in a bid to block plans by the government to hive off part of the university’s land for allocation to WHO or squatters.
In case he filed under a certificate of urgency, Mr Enock Aura says that Kenyatta University’s land is not idle or available for allocation as it was set aside for education purposes and therefore constitutes protected land.
The institution’s Vice Chancellor Prof Paul Wainaina was sacked and the university’s council was suspended this week after he refused to surrender title deeds.
The activist further reveals that the alleged squatters cannot be given land because a judgment issued last year by the Environment and Land court dismissed a case filed by hundreds of squatters.
In the decision, the court noted that the squatters had already been allocated 30 acres as per a list of 1984.
The government wants to hive off 190 acres to settle Kamae Squatters, 10 acres for the Africa Centre for Disease Control and Prevention and another 180 acres to the Kenyatta University Teaching, Referral and Research Hospital, and 30 acres earmarked for allocation to WHO.
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