The Environment and Land Court temporarily stopped the planned demolition of thousands of homes and businesses along the Nairobi River, handing a reprieve to residents of Blue Estate, Kamukunji, Gikomba and adjoining areas who were facing eviction over alleged encroachment on a 30-metre riparian reserve.
Lady Justice Lilian Kimani certified as urgent the petition filed by the River Bank Settlement Scheme and four individual petitioners, and directed that the current status quo on the suit land be maintained pending an inter partes hearing scheduled for March 10.
The petitioners moved to court on March 3, 2026 after the Water Resources Authority (WRA) issued a 14-day demolition notice on February 19, alleging that structures in the area fall within a protected riparian zone.
According to court documents, the notice was set to lapse March 4.
In their petition , the residents claim they are lawful allottees of the parcels, having been allocated the land by the defunct Nairobi City Council in 2002.
They contend that they have occupied and developed the area for over 25 years, paying all requisite stand premiums, rents and rates.
The petitioners describe the threatened demolitions as “arbitrary, unlawful and unconstitutional,” arguing that the 30-metre riparian rule being applied is a blanket policy not supported by site-specific scientific determination.
“The Respondents have selectively targeted the Petitioners’ settlements situated on one side of the river predominantly occupied by low-income residents, while sparing similarly situated developments on the opposite bank,” reads the petition, which has sued the Nairobi City County and the Attorney General.
Justus Kinyua, the chairperson of River Bank Settlement Scheme and the fifth petitioner, allege that the affected settlements host thousands of residents, including school-going children, expectant women, and vulnerable groups including the elderly and persons with disabilities.
He stated that the area has seen substantial permanent developments over the years, including residential flats, commercial premises, schools and health facilities.
“The intended demolitions, if carried out, will occasion irreparable harm to the Petitioners and residents including mass displacement and homelessness, collapse of livelihoods and businesses, disruption of access to education and healthcare services, and a gross affront to their inherent human dignity,” said Kinyua in his supporting affidavit.
The petitioners argue that the enforcement action violates several constitutional provisions, including the right to property, the right to accessible and adequate housing, the right to fair administrative action and the right to equality and freedom from discrimination.
They further contend that the determination of riparian reserves must be based on scientific data including river width and hydrological studies, and not on an inflexible 30-metre rule.
“The Respondents’ blanket application of a fixed 30 metre rule is ultra vires statute, contrary to planning law and unconstitutional,” the petition states.
In her directions issued on Wednesday, Lady Justice Kimani ordered the applicants to serve the application upon the respondents immediately.
The respondents are required to file and serve their responses within two days of service, while the applicants have been granted leave to file a supplementary affidavit within two days of receiving those responses.
The matter will be mentioned for inter partes hearing on March 10, 2026.
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