Justice Jackline Mogenyi faulted the decision by the commissioner of lands in 1989 to alienate land to KANU.
While dismissing KANU’s petition seeking to be declared the owner, Judge Mogenyi said that the commissioner of Lands then had no power to alienate the land to KANU.
“The suit property as registered issued in the name of PS under ministry of tourism is appropriate,” the judge ruled.
The court further revoked the tittle deed in the name of KANU ruling that the allocation of KANU without following due process is illegal and unconstitutional.
“A declaration that ministry of Tourism is the lawful owner of the land and KANU registration is unlawful,illegal and unconstitutional, the judge held.
The judge also noted that the government should come up with a process of taking over government property so as to avoid cases in court.
