The Office of the Attorney General has moved to defend a controversial decision involving a former Nakuru Land Registrar, Eric Nyamu, in a case concerning the War Memorial Hospital land in Milimani, Nakuru.

The hospital sits on approximately 25 acres of prime land and has remained closed since January 23, 2024, after the County Government of Nakuru shut it down over issues linked to alleged irregular lease renewal processes.

In proceedings before the Environment and Land Court, Senior State Counsel Prisca Adomeyon argued that although there were clear irregularities in the actions taken by Nyamu, he acted in what she described as good faith and with no malicious intent.Nyamu had admitted in his testimony that he attempted to cancel the hospital’s lease renewal entry without proper legal authority or jurisdiction.

He further acknowledged that he gazetted the lease title as lost in May 2023, a move he conceded was illegal, but one he claimed was intended to safeguard his office from potential land fraud and other administrative risks.

Despite these admissions, the Attorney General’s office urged the court to dismiss claims against the former registrar, insisting that his intentions were aimed at correcting an earlier administrative mistake.

However, the State also conceded that if land registrars were allowed to correct such errors through illegal means, it would create widespread confusion and chaos in the national land administration system.

The case continues to highlight tensions between administrative discretion and strict adherence to land law procedures in Kenya, especially where public institutions and prime public assets are involved.The court is expected to weigh whether good faith can excuse actions that clearly exceeded legal authority.