Gikomba aerial view/ JOHNSON SAKAJAAt least 3,000 residents of Shaurimoyo, Gikomba, Kamukunji, and adjacent Nairobi River settlements have secured a temporary reprieve from imminent demolitions following an Environment and Land Court ruling certifying their petition as urgent.
The case was filed by Gladys Njeri Waweru, Josephat Irungu, Paul Karanja Kamunge, and Justus Kinyua on behalf of the Shaurimoyo River Bank Settlement Scheme members.
They are suing the Water Resources Authority and Nairobi City County over what they argue is a 14-day demolition notice targeting structures along the Nairobi River.
The notice, which lapsed on March 3, 2026, alleged that residential and commercial structures built along the Nairobi River encroached upon a 30-meter riparian reserve, court records show.
In the petition filed through lawyer Pius Oyoo, the settlers claimed that they were lawful allottees of the parcels of land, having been allocated plots by the defunct Nairobi City Council in or about 2002.
"Following the said allocation, the allottees paid the requisite stand premiums, rents, rates, and statutory charges, thereby perfecting their proprietary interests and developing legitimate expectations protected by law," they state in their court documents.
Additionally, over the last 25 years, the settlers say they have developed homes, businesses, schools, and health facilities.
They further contend that the planned demolitions are arbitrary and procedurally unfair.
The settlers argue that the 30-metre blanket riparian rule relied upon by the Water Resources Authority is not legally grounded and fails to account for river size, hydrology, approved development plans, or cadastral survey records.
They further allege selective targeting, noting that developments on the opposite bank of the river remain untouched, disproportionately affecting low-income residents.
"The said notice was issued without prior consultation, public participation, environmental disclosure, survey demarcation, compensation framework or resettlement program," they add.
The petition highlights multiple constitutional violations, including the right to property, adequate housing, fair administrative action, among other alleged violations.
The settlers warn that enforcement of the demolition notice would render thousands homeless, disrupt livelihoods, and destroy social infrastructure, including schools, health facilities, and businesses.
The settlers are seeking several orders, including declarations that the threatened demolitions are unconstitutional.
They are also asking the court to declare that they are lawful allottees entitled to protection of their property rights, and that any eviction must comply with statutory safeguards under the Land Act and international human rights standards.
"That this Court be pleased to grant an order of permanent injunction restraining the Respondents, their agents and/or servants from demolishing, evicting or in any manner interfering with the Petitioners' occupation and developments on the suit properties," they state.
They are also seeking to be awarded general damages over what they term as constitutional violations.
In response, the court certified the matter as urgent.
"Current status quo on the suit land be maintained," Justice Lilian Gathoni said, pending the hearing of the case.
The inter partes hearing is scheduled for 10th March 2026.
Embakasi East MP Babu Owino has since defended the court’s decision, urging compliance with the orders and emphasising the need to protect residents’ livelihoods and human dignity.
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