As Nairobi moves to enforce demolition orders on property built on riparian land across the city, the Institution of Surveyors of Kenya (ISK) has come out to point out inconsistencies and gaps relating to riparian land.

In a statement issued on Tuesday, May 5, 2026, the body noted that effective management of riparian reserves in the country is hampered by, among other challenges, the multiplicity of statutes governing this area, and different interpretations in the definition and measurement of riparian reserves.

“We are aware that the government and other non-state actors have recently undertaken a vigorous initiative aimed at reclaiming riparian reserves and wetlands. More recently, there has been demolition of buildings constructed on riparian reserves, resulting in economic losses. This has elicited mixed reactions from the public, civil society, and professionals due to the different interpretations of the extent and/or the width of the reserves,” the Institution of Surveyors of Kenya stated.

The policy inconsistencies

According to the Institution of Surveyors of Kenya, there are inconsistencies in the measurements of the spatial extents of riparian reserves for sea fronts, lakes, dams, rivers, and streams.

The body also pointed out the gaps in the points of reference used in the determination of riparian reserves in Kenya, including centerline, riverbank, high water mark, specific contours and the centre of the spring.

Lack of comprehensive, systematic, or coordinated determination of the use and management of riparian reserves was also highlighted by the surveyors and the limited assessment of ecological conditions and the health of riparian reserves.

Moreover, they decried different sectoral laws, regulations, standards, guidelines, programmes and projects with a bearing on riparian land that have caused disharmony in the application of the law.

ISK President Erik Nyadimo further pointed out at the lack of a policy to address the measurement, use and management of riparian reserves in Kenya.

ISK clarifies property rights

With the bulldozers already bringing down various properties sitting on riparian land across the city, the Institution of Surveyors of Kenya maintained that it is important to clarify critical legal, technical, and property rights issues arising from the current enforcement approach.

ISK noted that there has been a wrong assumption that Riparian Reserves are public land. Articles 62 (i), (j), (k) and (l) of the Constitution of Kenya are very specific and did not envisage the taking of people’s land by force. ISK advised that Riparian reserves should be treated like other reserves.

“It should be noted that while the riparian reserve is defined from the High Water Mark, there is nothing that stops the area reserved from being private land. This is why in mapping land bordering rivers the boundary is taken to be the centre line of the river, and in most cases these are not major rivers but tributaries.

“ISK affirms that the issue on riparian reserve is about use and access subject to development control as envisaged in Article 66 of the Constitution. ISK therefore points out that any Act of Parliament that leads to the deprivation of rights is a nullity and void to that extent of the Constitution. ISK emphasises that the constitutional protection under Article 40 requires a careful and factual inquiry into how, when, and under what legal regime land was surveyed, allocated, registered, and developed.”

Pushes Nairobi to address dumping and flooding issue

Besides pointing out at the legal issues, ISK directed the Nairobi County government and the residents to stop dumping of waste in the rivers leading to the blocking of waterways, thus resulting in backflows.

“Take appropriate measures to control flooding other than just focusing on riparian reserve,” they directed.

Compensation of property acquired legally

According to the surveyors, the most pressing concern arises in relation to properties that were lawfully acquired and developed in good faith under previous statutory and regulatory regimes, where officially approved survey plans clearly defined parcel boundaries as the centre-line of a river or stream, in accordance with the law and professional practice applicable at that time.

The body advised that the sanctity of title deeds and their boundaries must be respected.

“Where the land adjoining water bodies and courses had already been alienated to private individuals through proper legal processes of allocation, planning, and surveying, that should be respected, and a negotiated framework agreed upon instead of unwarranted property destruction. It is important to note that some land in Parklands was registered before independence, and no riparian reserves were legally provided. Such land will attract unnecessary legal issues. “

Proposed action

In their proposed commitment to addressing the current and future flooding challenges, we propose the following actions:

1. Land uses on the riparian reserves should be controlled and strictly monitored.
2. Urgent baseline surveys of flood-affected areas through Geospatial techniques like aerial survey and mapping should be undertaken.
3. Repeat aerial mapping post-flooding should be undertaken to facilitate post-analysis and hydrological studies. We note that continuous observation and data collection will inform future measures that will help curb the situation. The Government should ensure regular mapping as we have espoused in the draft Survey and Mapping Policy.
4. Utilisation of historic satellite data to identify and implement corrective measures such as storm drainage systems, channels, tunnels, dykes, and dams.
5. Ensure that we conduct topographical surveys of construction sites before development. The surveys can also be used on all water bodies to determine the highest water mark of which human activities should be restricted.
6. Harmonising and strictly enforcing laws regarding riparian reserves to protect water resources.
7. Approved development plans must indicate how internal storm water is collected and how it connects to outside storm drainage systems. In addition, maintenance of these drainages MUST be done by the developers and enforced by the County Governments.
8. Simple solutions like unclogging of blocked drainages and channels will go a long way in easing the flooding situation. This should be one of the quick wins that government should be focusing on at the moment. We reiterate that punitive measures should be put in place to discourage dumping of garbage on the drainage systems.
9. Ensure that all new roads have functional and well-maintained drainages connecting to natural waterways.
10. There is need to enforce the ratio of concrete space to natural space, to ensure easy percolation of water. We urge that concrete should not form 100 per cent of the built-up area and developers should be discouraged from building from beacon to beacon. The approving Authorities should encourage developers to use porous concrete blocks for estate roads and parking bays.
11. Government agencies responsible for development of infrastructure like roads must plan, design, and implement these structures effectively, ensuring proper drainage and continuous monitoring for their proper functioning.