The High Court has issued orders stopping any further demolitions of businesses along Dar es Salaam Road in Nairobi.
Justice J.A Mogeni of the Environment and Lands Court issued the orders barring Interior CS Kithure Kindiki and Nairobi City County from demolishing the buildings on the pretext that they are illegal and on riparian land.
This is after Sagoo and Nyotta limited together with JYOTI Hardware sued the CS and the Nairobi City County for carrying out the demolitions.
The demolitions started after President William Ruto’s May 3 directive that the state will restore riparian areas.
He said the exercise is meant to reclaim and rehabilitate the Nairobi Rivers Corridor.
The businessmen along Dar es Salaam road said the demolitions are “selective”.
However, having served court orders to Nairobi Regional and county Security teams working with the Nairobi City County Government and the Multi Agency team- they ignored the conservatory orders and continued demolitions.
The businessmen said the CS and the multi -agency team are in contempt of court.
On 26th August 2021, the National Environment Tribunal issued a permanent injunction against the National Environment Management Authority (NEMA) barring it from demolishing all the properties along Dar es Salam road stating “that the developments do not encroach on the riparian reserve”
The demolitions started after President William Ruto’s May 3 directive that the state will restore unlawful settlements within riparian areas. He said the exercise is meant for the safety of people and their premises.
The business community along Dar es Salaam road said the demolitions are acts of economic and means of livelihood sabotage.
“We acquired this land in the 1970’S. It was forest land. Back then, the government came up with a plan to industrialize the area for job creation. We bought it and later developed it in the late 1970 and 1980’s,” said Holet Mwangale a businessman in the area.
He added that the directive then was that the land was strictly for setting up businesses and light Industries.
Currently, there are no residential houses along Dar es Salaam road. Later on, the government made a canal along the road to drain storm water
Holet said that the manmade canal was expressly made for drainage of storm water and its not a river.
“The canal is not a river and has never flooded, nor harmed anyone and is not a risk to any lives” said another businessman Edwin Muli.
Muli added that past regimes issued the business owners with title deeds, approved construction plans, business permits, construction approvals, and certificate of occupancy.
For businesses built after NEMA came into existence, they also have valid NEMA clearances, and that everything is legit and all laws have been complied with.
“We pay taxes to KRA and pay for all licenses for Nairobi City County, Nema Licence and for all other Government Requirements This is a blanket order to demolish our business. Some of the buildings they are bringing down are almost 50 years old and were not build recently,” Muli said.
He insisted that all the legal processes have been followed.
The businessmen said if demolitions continue it will bring unemployment and close of businesses which will also slow down the Country’s economic growth.
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