Residents of Green Park Estate in Athi River can now breathe a sigh of relief after the Court of Appeal ruled that the estate is not situated on riparian land.
A three-judge bench, comprising Justices Kathurima Minoti, Imaana Laibuta, and Hellen Omondi, delivered the verdict, affirming that Superior Homes, the property developer, had followed all required procedures before constructing the housing units.
The appellate court upheld a previous judgment by the Environment and Land Court, which had also concluded that the estate’s units were not built on riparian land.
This ruling marks the end of a lengthy legal battle initiated by the Water Resources Authority (WRA) in May 2018.
The WRA had issued an enforcement order demanding the demolition of eight housing units in Green Park Estate, arguing that the structures encroached on riparian land adjacent to a river.
The authority had given the developer a 21-day ultimatum to remove the units and restore the riparian reserve to its original state.
However, the Court of Appeal dismissed the enforcement order, ruling that the WRA’s actions were unlawful.
The court found that the authority had previously conducted a survey of the estate and confirmed that it did not encroach on riparian land.
As a result, the court declared that the orders issued by the WRA were baseless and illegal.
With this ruling, Green Park Estate residents can finally rest easy, knowing their homes are safe from demolition.
