This archive report was first published on 11 July 2019.
On June 7, 2019, the Court of Appeal handed down a landmark ruling that has significant implications for property owners in Kenya.
The ruling, delivered by judges Fatuma Sichale and William Ouko, granted victory to owners of homes in Nairobi's Runda Mimosa estate whose premises had been earmarked for demolition.
The dispute began in 2010 when 30 individuals and companies filed lawsuits to challenge notices on their fences that earmarked their property for demolition.
Having lost their case at the High Court in 2013, they moved to the appellate court, where the judges ruled that their right to property was threatened by earmarking their properties for demolition.
The judges faulted the Kenya Urban Roads Authority, ministries of Lands and Roads, Kenya National Highway Authority, and the Attorney-General, who had been sued in the case.
"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.
They pointed out that nuisance and trespassing laws exist so that "property owners in general can perfectly enjoy without any unreasonable interference even from the government".
"In Kenya, the attachment to land is passionate, emotional, and almost fanatical; nations, neighbours, siblings, spouses, and even strangers fight over land. In some instances, the disputes degenerate into bloodshed and death... it is in the context of this protection of the land owner by the law that the contest in this appeal should be understood," said Justice Ouko.
