Kanu turns to top court in fight to block Nakuru office auction

What you need to know:

  • The party’s Nakuru branch officials have challenged the Court of Appeal's decision to dismiss its application to protect the property from auctioning for the debt owed to Kenya Power to be settled.
  • The debt was incurred when the party occupied the KICC during the reign of former President Daniel arap Moi.
  • It comprises a bill of Sh355,200,295 with 12 percent interest per year until it is settled.

The Kenya African National Union (Kanu) has moved to the Supreme Court to block the sale of its Nakuru branch offices over a Sh738 million electricity bill.

The party’s Nakuru branch officials have challenged the Court of Appeal's decision to dismiss its application to protect the property from auctioning, for the debt owed to Kenya Power to be settled.

UNIQUENESS

In a notice of appeal filed on November 1, John Muthee, Peter Otieno, Charles Maina, Silas Mukolwe and Evans Ekaliche said they will challenge the court’s finding that they failed to demonstrate that Kanu House is unique and irreplaceable.

“The appellants, being dissatisfied and aggrieved by the ruling delivered by the Court of Appeal judges, intend to appeal to the Supreme Court in Nairobi against the whole decision,” the document states in part.

The bill was incurred in the eight years that Kanu was headquartered at the Kenyatta International Convention Centre (KICC), during the reign of former President Daniel arap Moi.

In August 2009, the electricity firm secured judgement against Kanu for unpaid-for power supply, a bill that amounted to Sh355,200,295 with 12 percent interest per year until the debt is settled.

The Nakuru branch, however, objected the decision by Justice Jessie Lesiit, saying Kanu House did not belong to the national party. Its application was rejected in 2014.

Kanu's Nakuru branch then moved to the Court of Appeal but it refused to stop the attachment of the party's property.

In their ruling on October 26, appellate court judges Philip Waki, Patrick Kiage and Fatuma Sichale declined to issue a temporary order barring Kenya Power from recovering the amount.

APPEALS DISMISSED

The independence party, whose national chairman is Baringo Senator Gideon Moi, took possession of the KICC offices in 1995 but was kicked out in 2003, shortly after retired president Mwai Kibaki took over.

Kanu's attempts to reclaim the property were unsuccessful after the Constitutional Court dismissed its suit against its eviction in 2008. Subsequent appeals were also dismissed.

The party wants the Supreme Court to overturn the ruling of the Court of Appeal and grant orders to protect the property pending the hearing of their main petition before the lower court.

In the ruling by the Court of Appeal, the judges expressed doubt about the success of the pending appeal.

Kenya Power's lawyer Kenneth Fraser said the branch filed the appeal out of time and that his client had already instructed auctioneers to attach the disputed office.

He added that Kenya Power’s debt continues to accrue and that the firm had spent millions in its efforts to get Kanu to pay

An inter-parties hearing will take place on February 19.