By Sam Alfan.
Human Rights activist Joseph Aura has signaled his intention to appeal the dismissal of his petition challenging government’s decision to allocate part of Kenyatta University’s land to the World Health Organisation (WHO).
Through lawyer Harrison Kinyanjui, Aura said he will move to the Court of Appeal to challenge the dismissal of the case in November by the Environment and Land Court Judge Oscar Angote.
“Take notice that Joseph Enoch Aura the Petitioner in Nairobi ELC Constitutional Petition No. ELC E030 of 2022, being dissatisfied with the entire Judgement and Orders of the Honourable Mr. Justice Oscar Ang’ote made on 6th November, 2025 dismissing the Petitioner’s Petition dated 14th July, 2022 intends to appeal to the Court of Appeal against the said entire Judgement and Orders,” he said in a notice.
Aura had sued to block the government from allocation part of University’s land to WHO, arguing that it was not available for allocation as it was set aside for education purpose.
The activist argued that there was no public interest in the process leading to the Cabinet memo and the planned takeover was therefore, unlawful.
“The purported land user of the World Health Organisation Medical Emergency Hub will be incompatible with the grant user of the suit land designated for Kenyatta University,” he said in an affidavit.
Other than 30 acres earmarked for allocation to WHO, the government wants to hive off 190 acres to settle Kamae Squatters, 10 acres for the Africa Centre for Disease Control and Prevention and another 180 acres to the Kenyatta University teaching, Referral and Research Hospital.
The activist argues that no public interest will be served by the unlawfully takeover. “The purported land user of the World Health Organisation Medical Emergency Hub will be incompatible with the grant user of the suit land designated for Kenyatta University,” he said in an affidavit.
His lawyer Harrison Kinyanjui says it is illegal for the government to commit a fund of US $5 million (approximately Sh500 million) for the illegal investment.
“An expressly unconstitutional and illegal purported alienation of about 410 acres of the suit land belonging to Kenyatta University under Article 62(1) of the constitution is imminently about to occur unless this court intervened,” Aura said.
He said it was illegal for Kenyatta University Council to purport to be coerced to cede part of the land.
Aura also sought the court to issue order prohibiting NLC from taking any action on the KU land, which will affect KU’s land.
He further sought the High Court to declare that the purported cabinet decision made on May 12, 2022 purporting to alienate re-parcel and re-plan the land without putting it into writing is a violation of Article 153(1) of the constitution to which extent the said act is null and void.
“Unless this Court intervenes to issue the conservatory orders sought in the public interest, grave, odious and egregious violations by the cited respondents of the constitution and of statutes referenced will be occasioned, to the detriment of Kenya’s public interest,” Aura pleads.
Kinyanjui submitted that permitting the illegal alienation of the Kenyatta University suit land will lead to irreparable loss to Kenyans public as WHO, one of the beneficiaries of the illegal alienation of University’s land in a body
