More than 30 Nairobi property owners have failed in their attempt to halt government plans to remove structures along riparian zones, with the Environment and Land Court ruling in favour of the State.
The decision clears the way for demolition operations under the ongoing Nairobi River restoration programme.
The owners had petitioned the court, claiming that the government’s clean-up initiative violated their property rights and amounted to unlawful demolition of buildings along Kombo Munyiri Road in Gikomba.
The judges, however, concluded that the applicants did not provide sufficient evidence to prove that their rights were infringed or that the demolitions were illegal.
The controversy dates back to May 24, 2024, when the Cabinet Secretary for Interior issued a statement warning that all structures on riparian reserves along the Nairobi River would be removed.
The directive followed catastrophic flooding between March and May, which submerged homes and businesses, exposing the dangers of unregulated development on riverbanks.
The operation is being executed by the Nairobi Regeneration Committee with support from multi-agency teams, including officers from the National Environment Management Authority and the Water Resources Authority. These agencies are tasked with ensuring that the river corridor is restored and that future encroachment is prevented.
In court, the property owners argued that they had legally developed their plots in the 1990s with the required government approvals and that officials failed to give written notices or hearings before targeting their permanent structures for demolition.
They also claimed that applying the Environmental Management and Coordination Regulations of 2009 to their already approved developments was unfair and violated their rights to property and fair administrative action.
The court rejected these arguments, noting that land ownership is not absolute and must be balanced against environmental protection and public safety.
"The press release in question did not order the cancellation of the petitioners’ titles," the judges said. "As rightly submitted by the respondents, the right to own land is not absolute, particularly when regulating developments for the benefit of both the owner and the environment—upholding the right to a clean and healthy environment."
Following the ruling, the government is now positioned to proceed with demolitions along the Nairobi River, a move seen as vital for preventing future flooding and restoring ecological balance in the capital.
