By Court News Reporter
Human rights activist Joseph Enoch Aura has announced plans to appeal the dismissal of his petition challenging the government’s decision to allocate part of Kenyatta University’s land to the World Health Organisation (WHO).
Through his lawyer Harrison Kinyanjui, Aura said he will move to the Court of Appeal to contest the ruling issued in November 2025 by Environment and Land Court Judge Oscar Angote, which dismissed his petition.
“Take notice that Joseph Enoch Aura, the Petitioner in Nairobi ELC Constitutional Petition No. ELC E030 of 2022, being dissatisfied with the entire Judgment and Orders of the Honourable Mr. Justice Oscar Ang’ote made on 6th November 2025, intends to appeal to the Court of Appeal against the said entire Judgment and Orders,” reads a notice filed by his lawyer
Background of the Case
Aura had sued to block the government from reallocating portions of Kenyatta University’s land, arguing that the property was reserved exclusively for educational purposes and was therefore not available for allocation to other entities.
He maintained that the process leading to the Cabinet memo approving the transfer lacked public participation and violated the Constitution.
“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,” Aura said in an affidavit.
Disputed Land Allocation
The controversy centers on approximately 410 acres of Kenyatta University land.
According to court filings:
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30 acres were earmarked for the WHO Emergency Hub,
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190 acres for Kamae squatters’ settlement,
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10 acres for the Africa CDC, and
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180 acres for the Kenyatta University Teaching, Referral and Research Hospital (KUTRRH).
Aura contends that no lawful public interest was served by the reallocation and accuses the government of engaging in unconstitutional land alienation.
Claims of Illegality
Lawyer Harrison Kinyanjui argued that the government’s commitment of US$5 million (about Sh500 million) toward the WHO hub was unlawful.
“An expressly unconstitutional and illegal purported alienation of about 410 acres of Kenyatta University land under Article 62(1) of the Constitution is imminently about to occur unless this court intervened,” Aura said.
The activist further faulted the Kenyatta University Council for allegedly allowing itself to be coerced into surrendering the land, terming the move unconstitutional.
Reliefs Sought
Aura had sought orders prohibiting the National Land Commission (NLC) from taking any action affecting the university’s land.
He also wanted the High Court to declare null and void the Cabinet decision of May 12, 2022, which approved the re-parceling of the land without written authorization.
“Unless this Court intervenes to issue the conservatory orders sought in the public interest, grave, odious and egregious violations of the Constitution will be occasioned, to the detriment of Kenya’s public interest,” he argued.
Next Steps
Aura is now preparing to file an appeal at the Court of Appeal, seeking to overturn the ruling by Justice Angote.
His case has reignited debate over public land protection, executive overreach, and the balance between international partnerships and local institutional rights.