Kangemi residents move to court to stop eviction for affordable housing project
George Mbugua, speaking on behalf of the affected parties, claims that they are the beneficial owners of land within the Nairobi River Corridor and have occupied and developed the land for over four decades.
More than 40 residents of Kangemi Ward in Nairobi have filed a petition in court seeking to stop the government from evicting them and constructing affordable housing units on the Nairobi River Basin.
In an application filed under a certificate of urgency, six petitioners, including Kituo Cha Sheria, are seeking conservatory orders to restrain the respondents, their agents, employees, or any persons acting under their instructions from entering, demolishing, evicting, or interfering with the petitioners’ quiet possession, use, and occupation of their respective parcels of land, pending the hearing and determination of the suit.
More To Read
- IGAD raises alarm over rising migration and urban strain in the Horn of Africa
- Sakaja names committee to drive Nairobi’s affordable housing plan
- Moses Kivevu: Farming hero feeding Kiambiu slum against all odds
- Govt raises affordable housing research budget to Sh2.8bn amid credibility concerns
- Budget office accuses government of shifting financial burden onto households
- Ruto: They will get mad but I will keep building churches, just like the affordable houses
"An ex-parte conservatory order be issued restraining the Respondents from constructing affordable houses on the Nairobi River Basin and interfering with the certificates of title held by the petitioners pending hearing and determination of this application," the court order reads.
George Mbugua, speaking on behalf of the affected parties, claims that they are the beneficial owners of land within the Nairobi River Corridor and have occupied and developed the land for over four decades.
He stated that on March 6, 2025, the County Executive Committee Member for Environment and Urban Planning issued a Notice of Intention to Declare the Nairobi River Corridor as a Special Planning Area. This, he noted, has generated significant public interest as it affects thousands of people who are lawful owners of properties bordering the Nairobi River and its tributaries.
“The notice of intention seeks to designate private land, where schools, churches, and mosques currently stand, as part of the Nairobi River Corridor Special Planning Area (SPA), intended for the construction of affordable housing projects. The parcel of land known as LR.NO. DAGORETTI/RIRUTA/909, which is among the affected plots, is registered in the name of the Riruta Muslim Community,” the petition states.
The residents argue that the designation of riparian land, extending 30 metres from the high-water mark, will infringe on the rights of minors and the elderly.
They further contend that 301 students from the Kanayorosha Self-Help Group, located within the proposed SPA, will be displaced if the affordable housing project proceeds.
According to the petitioners, responsibility for land designated as riparian rests with the registered landowner and does not automatically convert the land into public property.
The notice, dated March 6, 2025, outlines that the proposed SPA will stretch from Naivasha Road to Ruai, encompassing the river’s tributaries. It specifies that the Nairobi River Corridor covers a spatial area extending 60 metres beyond the high-water mark on both sides of the river.
The petition also accuses the Nairobi County Executive of overreaching by publishing a public notice that includes areas under the jurisdiction of the County Executive Committee Members for Lands and Urban Planning in both Kiambu and Kajiado counties.
Moreover, they claim there was insufficient dissemination of the public notice on social media or through other platforms to ensure wide public awareness. They argue that the notice should have been limited to the boundaries of Nairobi City County.
The petitioners are also seeking conservatory orders to restrain the first and second respondents from declaring the Nairobi River Corridor and its tributaries as a Special Planning Area until the application is fully heard and determined.
In April, government officials assured residents living along the Nairobi River that they would not be forcibly evicted under the city's revitalisation plans for the river and its surroundings.
The Nairobi River Corridor SPA – spanning from Naivasha Road to Ruai – is expected to bring a new wave of development, with project completion anticipated by 2027. The initiative aims to transform the river into a vibrant urban corridor while improving the living standards of communities that have long resided nearby.
Mumo Musuva, Vice-Chair of the Nairobi Rivers Commission, previously stated that the revitalisation project would not lead to the displacement of local residents.
Top Stories Today
