- KANU said that its legal team has been instructed to file a notice of appeal with immediate effect.
- They argued that the allocation of the parcel of land was procedurally effected under the previous constitution.
Image: FILE
KANU party has said it is dissatisfied with the High Court ruling on the land housing the Kenyatta International Convention Center (KICC).
On Monday, the High Court ruled that the KICC land belongs to the government.
Justice Jacqueline Mogeni said KANU illegally and unlawfully acquired the land.
However, in a statement, KANU said they were disappointed by the judgement delivered.
KANU said that its legal team has been instructed to file a notice of appeal with immediate effect.
"While we respect and appreciate the independence of the Judiciary as an arbiter in this matter, we wish to clearly state that we are in total disagreement with the judgement granting the ownership of the land to the Ministry of Tourism," KANU said.
"Meanwhile, the party has already instructed its legal team to file a notice of appeal with immediate effect as the party combs through the substance of the judgement to issue a comprehensive statement in due course."
They argued that the allocation of the parcel of land was procedurally effected under the previous constitution.
"Therefore, we insist on our position that the Kenya African National Union is the legitimate and bona fide owner of the said parcel of land," the statement read.
The party assured their supporters that they will pursue all legal avenues to ensure that justice is served.
"It must not be lost on Kenyans that this matter dates back to 2003 when the government unilaterally issued an executive order revoking KANU's ownership of the land," the statement read.
Justice Jacqueline Mogeni revoked the title issued in the name of KANU and issued a declaration that the Ministry of Tourism is the lawful owner of the land.
"The Allocation of the property to Kanu without following legal procedure is unlawful and illegal," she said.
The judge questioned how the late President Daniel Arap Moi was allocated the land not surveyed and allotted for public use.
She observed that KANU did not in evidence present the procedure of how Public land was alienated and then allocated to the Chairman of a political party.
She said the commissioner of lands had no power to alienate suit premises to KANU.
Kanu filed the case before the Environment and Land Court in 2020.
It sought to reclaim the land saying it was allocated to it in May 1969 by the commissioner of lands.