By D Kipkorir via Facebook
Our Deputy President H.E William Ruto is my friend of a long time but I do not hold his brief on Weston Hotel; he is rich and powerful enough to fight in his corner. But I want to state that continued argument that Weston Hotel sits on land that belonged to KCAA is hogwash, puerile and devoid of law and logic.
Hugo Grotus [1583-1645], a Dutch and doyen of jurisprudence argued that all land belongs to the state and must be used for public good. It doesn’t matter whether the land is developed by the state or a private developer; what is important is that it is used to benefit the public by way of employment, amenities, taxes et al.
The current law in America, Canada and France has developed this doctrine of eminent domain to allow for private developers to “grab” public land for public good. At the end of the day, all land belongs to the state, even freeholds. The State has residual right to all land. Entire Upper Hill belonged to the State (Kenya Railways), yet it is now in private hands and no one is complaining.
The “grabbing” of Upper Hill is not different from “grabbing” of KCAA land. The problem with us Kenyans is that we suffer from selective justice and amnesia because of our tribe and political allegiance. We are never consistent in our line of thought, argument and narrative. Let the Deputy President be. Private developer is an honorable word in law and in fact.