City MCAs order halt to Nairobi River project over land disputes

Members of the Nairobi County Assembly Planning Committee have called for an immediate stop to the ongoing Nairobi River regeneration activities, following complaints by land owners in Kangemi and Dagoretti who say their land is being taken without consultation or compensation.

The committee on Wednesday made the decision after receiving a petition from affected residents who argued that the County Government had declared the Nairobi River Corridor a Special Planning Area without involving the public, exposing them to the risk of losing property worth millions of shillings.

Minority Leader Anthony Kiragu, who chaired the committee session, said the notice issued on March 6 by the County Executive Committee Member for Built Environment and Urban Planning, Patrick Mbogo, is unlawful and should be withdrawn.

“We are calling on the County Executive Committee Member in charge of planning to immediately revoke the notice until that time when the due process has been followed and concerns from the residents have been considered,” Kiragu said.

The public notice was intended to pave the way for the construction of more than 10,000 social and affordable housing units along the river corridor as part of a wider urban renewal plan.

However, the committee expressed concern after learning that, despite the absence of a spatial plan for the project, a multi-agency team had already started implementation.

In Kangemi and Dagoretti, county officials and officers from the Water Resources Management Authority, backed by the Kenya Defence Forces, have begun placing beacons to extend the riparian buffer to 60 metres from the riverbanks.

Land owners say this move goes far beyond the legal boundary.

“The Environment Management and Coordination Regulations, 2009, enacted under the Environmental Management and Coordination Act, typically define riparian land as 6 meters from the highest water mark for rivers,” one petitioner said.

They maintain that they hold valid title deeds and accuse authorities of violating their property rights and bypassing the legal process for land acquisition.

“Our right to property is protected under Article 40 of the Constitution,” said Ambassador Major Retired Patrick Ngobe.

During the committee sitting, Mbogo distanced the County Government from the beacons marking exercise.

“Chairman, this project is being handled by a multi-agency team. It would be appropriate to summon all involved agencies to respond to the concerns raised,” he said.

The committee has directed the County Executive to stop all planning activities in the affected areas until proper public participation is conducted and residents’ views are incorporated. Further hearings are expected to involve the Nairobi Rivers Commission and other agencies to clarify the scope and legality of the project.

Kiragu said some of the affected families have lived on the land for generations.

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“They grew up swimming in the Nairobi River. We are asking the government to listen to the people,” he said.

Residents also insist they are not living on riparian land and that their ownership is legally documented.

“We are environmentally conscious, and we love our environment. But forcing us out of our private property is a violation of our rights under Article 40 of the Constitution,” said Ambassador Marx Kahende. “We should not be discriminated against in the application of the law.”

The Nairobi River regeneration initiative is a joint effort by the national and county governments to clean and restore the river, upgrade infrastructure, create jobs, and build affordable housing. It aims to transform informal settlements such as Kibera, Mathare and Kangemi through modern housing, better roads, drainage, sanitation and other social amenities.