Court temporarily stops demolitions on riparian land

Friday, June 7th, 2024 03:00 | By
A bulldozer on site. Image used for representation purposes only. PHOTO/Pexels.

Business operators on Dar es Salaam Road have a temporary sigh of relief after the High Court stopped the demolition of their premises deemed to be on riparian land.

Justice Jacqueline Ann Mogeni of the Environment and Lands Court issued the orders barring Interior Cabinet Secretary Prof Kithure Kindiki and Nairobi City County from demolishing the buildings on the pretext that they were illegally constructed on riparian land.

“That pending the hearing and determination of the application, a temporary conservatory order does issue maintaining the status quo in respect of the suit property and to be observed by all parties whether by themselves, or through their agents, servants, and or employees until the next mention date,” Justice Mogeni ruled in the order dated June 5.

The petitioners were ordered to serve all parties ahead of the inter-parties attendance for directions slated for tomorrow. This is after Sagoo and Nyotta Limited together with JYOTI Hardware sued the CS and Nairobi City County for carrying out the demolitions.

Ruto directive

The demolitions started after President William Ruto’s May 3 directive that the state would restore all riparian land in a bid to control floods in future. He said the exercise was meant to reclaim and rehabilitate the Nairobi Rivers Corridor as well as protect the safety of people and their premises.

The businessmen along Dar es Salaam road said the demolitions are “selective”. The business operators claimed in court papers that after having served court orders to Nairobi Regional and county Security teams working with the Nairobi City County Government and the Multi-Agency team, the government ignored the conservatory orders and continued with the demolitions.

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