The Water Tribunal has ordered a site verification exercise following claims that county authorities ignored a court injunction halting demolitions in a Nairobi West estate.
The tribunal issued a temporary injunction barring the demolition of residential apartments on LR No 37/750 in Nairobi West, halting enforcement orders that threatened to render at least 50 families homeless.
Residents reported that Nairobi County workers bulldozed sections of boundary walls and concrete flooring this week along the Ngong River.
The structural damage exposed a deep ditch, raising acute safety hazards for children, heightening flooding vulnerabilities, and threatening a vital connecting bridge that prevents families from being marooned.
The destruction allegedly unfolded despite the tribunal issuing a temporary injunction on May 7, 2026, which restrained the Water Resources Authority (WRA) and other respondents from carrying out demolitions on the land.
“A temporary injunction against the respondents from demolishing the applicant/appellant’s developments on LR No 37/750 on account of the enforcement orders dated March 31, 2026 or on any other claim of riparian reserve reclamation,” the tribunal ruled.
The legal feud originated on March 31, 2026, when the Water Resources Authority issued a 14-day enforcement notice directing residents to remove alleged encroaching structures on the riparian reserve of the Ngong River.
The orders directed demolition by April 13, 2026, alongside wider government initiatives to reclaim riverbank corridors.
Challenging the directive, property owner Prakash Bhudia filed a sworn affidavit on behalf of Willow Court One, Two, and Three Limited, stating that the estate was legally established between 2007 and 2009 and describing the enforcement order as irregular, unprocedural, and unlawful.
Bhudia argued that the developer obtained all necessary approvals, including a 10-metre riparian clearance from the middle of the river, an Environmental Impact Assessment Licence issued on August 10, 2007, and development permission from the Nairobi County government.
“The development was fully compliant with the riparian condition of 10 metres that had been set by the approving authorities,” Bhudia said.
He stated that officials from the Water Resources Authority erroneously took measurements from the perimeter wall erected on the subject property inward, instead of using the top edge of the bank of the Ngong River.
The petitioners further contend that the Water (Resources) Regulations, 2025, which increased the riparian reserve to a minimum of 10 metres from the riverbank, cannot be applied retrospectively to developments completed between 2007 and 2009, arguing that this violates the doctrine of legitimate expectation.
When the matter came before the tribunal on October 1 to assess compliance, the Water Resources Authority stated it was yet to file its response because it intends to first conduct a site verification exercise.
The agency undertook to formally invite the petitioners and their legal representatives to participate in the joint inspection before submitting its formal response.
