The National Assembly Departmental Committee on Environment, Forestry and Mining has postponed consideration of a public petition challenging the implementation of the Nairobi Rivers Regeneration Project after concerns emerged that the issues raised are already before the courts.
The committee, chaired by Mwala MP Vincent Musyoka, had invited the Nairobi Rivers Commission (NRC), the Water Resources Authority (WRA), the National Land Commission (NLC) and officials from the State Department for Lands and Physical Planning to respond to a petition filed by residents of Kangemi and Dagoretti.
The petition challenges the rehabilitation and beautification of the Nairobi Stream Basin, with residents seeking Parliament’s intervention to suspend all activities affecting private land in Kangemi and the wider Dagoretti area until the project fully complies with the Constitution, environmental laws and existing court orders.
The petitioners also want assurances that the project will remain within the legally established riparian boundaries and that no demolitions, evictions or compulsory land acquisitions will be carried out without due process and prompt compensation.
Musyoka said the committee was committed to giving all parties a fair hearing before determining whether the petitioners’ concerns warranted Parliament’s intervention.
“As Parliament, we have an open mind. We want to understand where the case is,” he said.
“It is not our intention to suppress anyone or stop development, but to ensure that justice is served and to determine whether the petitioners have a case or not,” he added.
During the meeting, the government agencies opted to make a joint presentation through the Nairobi Rivers Commission, saying it reflected a unified government position while allowing individual institutions to address issues within their respective mandates.
However, before substantive discussions began, the Water Resources Authority raised a procedural objection, informing the committee that the matters raised in the petition are substantially similar to three active cases before a specially constituted three-judge bench of the Environment and Land Court.
The authority told lawmakers that the cases are scheduled for hearing on July 15, 2026, and are currently subject to interim court orders.
The agencies sought guidance from the committee on whether it would be appropriate to proceed with the petition while the court cases are still pending.
Citing Standing Order 89 on sub judice matters, Musyoka said Parliament must avoid debating issues that could interfere with ongoing court proceedings.
He noted that although the committee had been informed about the pending litigation, the agencies claiming the matter was sub judice would first have to provide formal evidence.
“The Standing Orders are very clear. Whoever alleges that a matter is sub judice must provide evidence,” he said.
“Once we receive that evidence, the committee will consider it and consult the Speaker, who will then guide us on whether to proceed with the petition or await the conclusion of the court process,” Musyoka ruled.
Committee members supported the decision, saying Parliament must uphold the rule of law while fulfilling its constitutional responsibility to represent the interests of citizens.
The meeting was adjourned to allow the committee to review the documentation, seek guidance from the Speaker and communicate the next course of action to all parties before proceeding with consideration of the petition.
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