KANU Moves to Court of Appeal to Block Auction of Nakuru Property

Akoth
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The Kenya African National Union (KANU) has escalated its long-running legal battle to stop the auction of its property in Nakuru after the Court of Appeal allowed the party to file a late appeal challenging a 2023 High Court ruling.

The decision by the appellate court grants KANU a fresh opportunity to contest the earlier judgment that paved the way for the sale of the disputed property. 

The party had initially missed the deadline to lodge its appeal, prompting it to seek the court’s permission to file the case out of time.

In its application, KANU argued that the matter is of significant importance to the party and that failure to hear its appeal would result in substantial loss, including the possible disposal of a key asset.

The Court of Appeal agreed to extend the timeline, noting that the issues raised warranted consideration.

The Nakuru property at the centre of the dispute has been the subject of a protracted legal tussle, with creditors seeking to recover dues through its auction.

The 2023 High Court ruling had cleared the way for the sale to proceed, dealing a major setback to the party’s efforts to retain ownership.

Following the appellate court’s decision, KANU is now expected to formally present its arguments challenging the High Court judgment.

The party maintains that the intended auction is unjustified and should be halted pending the determination of the appeal.

Legal experts say the move temporarily shields the property from immediate sale, as the appeal process is likely to delay enforcement of the earlier orders.

However, they caution that the final outcome will depend on how the Court of Appeal interprets the issues raised by both parties.

KANU officials have welcomed the ruling, describing it as a crucial step in safeguarding the party’s assets.

They expressed optimism that the appeal will overturn the High Court decision and prevent what they term as an unlawful auction.

At the same time, the opposing side is expected to contest the appeal, arguing that due process was followed in obtaining the orders that allowed the sale of the property.

They maintain that the outstanding obligations must be settled, and that the auction remains a lawful means of recovery.

The case underscores the financial and legal challenges facing political parties, particularly in managing assets and meeting financial obligations.

It also highlights the role of the courts in balancing the rights of creditors with those of property owners.

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