NAIROBI, Kenya Jul 15 – The Environment Court has halted plans by the government to possess 338 acres of Kenyatta University land for allocation to a proposed World Health Organization (WHO) base and settlement of squatters.
Justice Oscar Angote issued the orders on Friday pending the hearing and determination of the suit filed by the Law Society of Kenya (LSK) challenging the plans by the government to annex the land.
“That pending the hearing and determination of this application inter parties, this Honorable Court be pleased to issue orders restraining all the Respondents their agents, successors and assigns and or issuing an order staying the implementation of the directives contained in the letters dated 4th July 2022 and 7th July 2022 and or subdividing, annexing, alienating, and or any interference with the ownership and possession of the parcel of land known as Land Reference No. 11026/2,” Justice Angote ruled.
The National Lands Commission (NLC) and Lands Cabinet Secretary Farida Karoney are among the six respondents listed in the case.
The institution’s former Vice Chancellor Professor Paul Wainanina is listed as an interested party in the case.
In the ruling, Justice Angote asked “Wainaina his agents, successors and assigns from surrendering the title documents to the parcel of land.”
He also issued orders “restraining all the respondents their agents, successors and assigns from harassing any employee, officials, agents and or representative of Kenyatta University in enforcement of the directives.”
Justice Angote certified the matter as urgent and scheduled the hearing of the application on July 27, 2022.
In his ruling, Justice Angote also issued orders restraining all the respondents, their agents, successors and assigns from harassing any employee, officials, agents and or representative of Kenyatta University in enforcement of the directives issued by the government.
LSK President Eric Theuri sanctioned the move on Wednesday amid public debate on the escalating war pitting Kenyatta University’s Vice Chancellor Prof Paul Wainaina against President Uhuru Kenyatta.
Head of Public Service Joseph Kinyua in a letter dated July 7 had asked the institution’s former Vice Chancellor Professor Paul Wainaina to surrender the institution’s title deed to facilitate the annexation process.
The reluctance by the institution to comply with the government’s demands angered President Uhuru Kenyatta who blasted Wainaina for hindering government’s efforts to spur development.
The tiff led to the removal of the institution’s council and the subsequent resignation of Wainaina.
The President vowed to “retire with him” when he leaves office after the August 9 presidential election.
President Kenyatta accused the VC of frustrating government projects by “laying claim to public land.”
And to make good his threat, Prof Wainaina confirmed he had learnt of plans to reconstitute the University Council as part of an elaborate plan to eject him from office.
The Vice Chancellor made the revelations when he convened what could be his last address as head of the institution to the university community on Tuesday.
Prof Wainaina, who declined to authorize the transfer of part of the university’s land to settle squatters, told the university community the Ministry of Education had demanded that the university avails the land which had already been subdivided by the Ministry of Lands with National Lands Commission said to have commenced the process of preparing titles.
Proposed allocations include 30 acres for the World Health Organization (WHO), Africa Centre for Disease Control (10 acres), and the Kenyatta University Teaching, Referral and Research Hospital (108 acres).
