This archive report was first published on 11 July 2019.
On June 7, 2019, the Court of Appeal delivered a landmark ruling that has significant implications for property rights in Kenya.
Appellate judges Fatuma Sichale and William Ouko ruled in favor of property owners in Nairobi's Runda Mimosa estate, who had been threatened with demolition of their homes due to alleged encroachment on a road reserve.
The dispute began in 2010, when 30 individuals and companies filed lawsuits to challenge notices on their fences that earmarked their properties for demolition.
Having lost their case at the High Court in 2013, the property owners appealed to the Court of Appeal, where they were granted victory.
The judges faulted the Kenya Urban Roads Authority, ministries of Lands and Roads, Kenya National Highway Authority, and the Attorney-General for their actions.
“The threat to demolish the appellants’ properties by the sued parties was real, the perimeter walls around their properties had been earmarked for demolition yet the same respondents were the authors of the confusion,” the judges ruled.
The ruling has significant implications for property rights in Kenya, as it emphasizes the importance of protecting property owners from unreasonable interference, even from the government.
Justice Ouko noted that in Kenya, the attachment to land is passionate, emotional, and almost fanatical, and that nations, neighbors, siblings, spouses, and even strangers fight over land.
The judges ruled that government entities responsible for land matters cannot issue titles to owners of properties and then turn around and accuse them of having built on road reserves after years of making serious investments.
They also ruled that all land surveys, whether conducted by licensed government surveyors or not, must be submitted to the director of survey and authenticated as required by law.
The ruling has been hailed as a victory for property owners in Kenya, who can now enjoy their properties without unreasonable interference from the government.
