Muthomi Ireri
Residents of Green Park Estate in Athi River can now breathe a sigh of relief following the Court of Appeal’s decision affirming that their homes are not built on riparian land. The ruling, delivered by a three-judge bench comprising Justices Kahthurima M’Inoti, Hellen Omondi, and Imaana Laibuta, confirmed that Superior Homes (Kenya) PLC, the estate’s developer, adhered to all necessary procedures before the construction.
The appellate court upheld the earlier ruling of the Environment and Land Court (ELC), which had favored the residents and the developer. “We are satisfied that the ELC did not err in finding that the units were not on riparian land, and that the enforcement order was unlawful, null, and void,” the judges stated in their ruling.
This decision effectively overturns a previous enforcement order issued by the Water Resources Authority (WRA), which sought to demolish the estate’s housing units on the grounds that they were allegedly built on riparian land.
The ruling is seen as a significant victory for both the residents and Superior Homes, who faced the possibility of losing their homes and incurring substantial financial losses.
However, the court declined to award Superior Homes the KSh 466 million it sought in compensation for alleged business and reputational losses caused by the enforcement order.
Superior Homes, represented by lawyer Phillip Nyachoti, argued that the enforcement order resulted in a public relations disaster and financial losses for which they should be compensated.
The judges dismissed this claim, stating, “In the absence of pleaded special damages in the petition, the appellant was not entitled to an award of special damages. We accordingly affirm the decision of the ELC on this further ground.”
The Water Resources Authority, which opposed the compensation claim, contended that Superior Homes’ losses were due to flooding rather than the enforcement order.
Dj Vnyash
