A private company has won a decisive judgment in the Environment and Land Court protecting its Industrial Area property from forced eviction and ordering authorities to tackle unlawful dumping along the Ngong River.
The company had challenged a Public Security Order issued by the Cabinet Secretary for Interior in May 2024, which directed residents near rivers and water reservoirs to vacate their properties. It argued the order was unlawful and violated its constitutional right to property under Article 40.
The dispute also involved multiple agencies, including NEMA, Nairobi City County, the Water Resources Authority (WRA), the National Land Commission, and the Ministry of Environment.
The firm accused the agencies of inaction, saying their failure to stop unlawful waste dumping had allegedly led to changes in the river’s course.
Evidence presented showed that the company’s property, Land Reference No. 209/18655, complied with riparian reserve regulations.
Previous surveys and environmental licenses confirmed that the facility, including its boundary walls, printing press, and packaging units, did not encroach on the Ngong River, according to court documents.
NEMA and WRA acknowledged receiving complaints about unlawful dumping but argued that enforcement was a shared responsibility among multiple agencies and that the river’s course had not significantly changed. Nairobi City County cited resource constraints and sporadic nighttime dumping as challenges to enforcement.
The Court found the Public Security Orders of May 2, 2024, were issued without lawful authority, inspection, or notice to the company.
''An order of Certiorari be and is hereby issued to remove into this Court for purposes of being quashed the ministry's (Vacation or Mandatory) Orders dated/issued on May 2, 2024, as relates to the Petitioner,'' Lady Justice Ann Omollo directed.
On environmental matters, the Court ordered NEMA, Nairobi City County, and the Ministry of Environment to remove waste dumped along the riverbank adjacent to the company within four months.
It also mandated that no further dumping should occur, citing the state’s constitutional duty to protect the environment under Articles 42, 69, and 70.
''An order of mandatory injunction is issued compelling the respondents to remove waste dumped in the Ngong River and along the adjacent riverbank near Land Reference No. 209/18655, Enterprise Road, Industrial Area, Nairobi County, within four months from the date of this judgment.''
