The
Court of Appeal dismissed the Law Society of Kenya’s (LSK) attempt to prevent
Kenyatta University (KU) from surrendering a part of its land to the World Health Organization (WHO).
The
LSK had filed a temporary injunction in July 2022, preventing the government
from subdividing, annexing, or alienating the 490
acres at issue.
According
to the appellate court’s three-judge panel, the LSK failed to demonstrate that
the loss of the property could not be adequately remedied by an award of
damages.
“We
find that the applicant has failed to satisfy the second limb of the twin
principle in accord with the requirements under Rule 5(2) (b) of the Court of
Appeal rules and, accordingly, its motion fails,” reads the ruling.
With
the appeal dismissed, the government is now free to cede a portion of the KU’s
land to the WHO, which is establishing a Sh600 million emergency hub to support
its regional operations.
According
to internal Ministry of Health documents, the World Bank-funded Infectious
Disease Unit to be located at KU will be managed by the Kenyatta National
Hospital.
In
case the government is found to be in the wrong, then the university stands to
be compensated.
According
to the LSK application, the government has never requested public participation
or asked the public to raise concerns about compulsory land acquisition.
“In
view of the foregoing, we form the view that the applicant has demonstrated
that it has an arguable appeal, and has satisfied the first limb of the twin
principle for grant of orders Under Rule 5(2) (b) of this Court’s Rules,” the
ruling states.
Prof
Wainaina stated that granting WHO land was not in the best interests of the
university because no consultations were conducted and they were not involved.
