GBM Blog

A synopsis of some court cases involving wetlands that the Green Belt Movement has been involved in

May 11, 2016 - 01:40PM
Published by Communications
Case  Location/Plot number   Status 
Presbyterian Church Of East Africa (PCEA)  Vs. Charles Kang’ethe And Others ELC 367 Of 2007

Kibarage along Peponi Road, Westlands

L.R. No. 1870/11/160

- PCEA Church claimed ownership of the land stating it was given by the government. Westlands Environmental Caretaker Group claims they had been in possession of the land since 1980 where they grew flowers.

- September 2001 - GBM hired an independent consultant to undertake and Environmental Impact Analysis (EIA). Results indicated that the whole of Kibarage riparian site was an invaluable natural resource

 - April 2011 - NEMA held a public hearing at the site and stated that the proposed construction would not enhance sustainable development.

 - July 2014 - the National Land Commission ordered the suspension of any/all activities on the land.

 - January 2015- A perimeter wall erected around the plot is brought down

 - 2016 – No activity on site although Westlands Environmental Caretaker Group indicate that Kibarage wetland is still under threat. In a letter from the group, the members state that the piece of land has come under attack from unscrupulous individuals who are even transacting criminal activities herein.

 - GBM has written to the Nairobi County Government in regards to this complaint and we are awaiting response. 

Presbyterian Church Of East Africa And Another Vs. Minister Of Lands And 2 Others And Greenbelt Movement (Interested Party) Misc. Civil Application No. 43 Of 2009

Kibarage along Peponi Road, Westlands

L.R. No. 1870/11/160

- 2009- P.C.E.A Church moved to court after their building plans were revoked by the Ministry of Lands.

- They were seeking a judicial review to quash the Ministry’s and prohibit the respondents or any other party from interfering with the piece of land.

 - February 2011 –Ruling came up in favor of the Green Belt Movement that PCEA should not construct on the plot since it is a riparian reserve.

The Greenbelt Movement Vs. Sound Equipment Limited

Spring Valley along Lower Kabete Road

L.R. No. 209/12184

- The Green Belt Movement (GBM) filed this suit to get stop orders against the development on a riparian reserve situated at Spring Valley. The development was being done by the Sound Equipment Ltd.

 - The National Environment Management Authority (NEMA) conducted a EIA and ordered construction to be stopped since Mathare River, flowing through the site, was being polluted.

- Sound Equipment Ltd did not comply and moved to court to halt NEMA’s order.

- The judge of the High Court and the Court of Appeal denied cancellation of the order and Sound Equipment’s case was thrown out.

Sound Equipment Limited versus The Registrar Of Titles(1st Respondent) and Commissioner Of Lands 2nd Respondent High Court at Nairobi Petition 106 of 2010

Spring Valley along Lower Kabete Road

L.R. No. 209/12184

- April 2010 – This land was gazette as public land via Gazette Notice No. 3460  CXII volume 35, dated April 1, 2010

 - June 2011 - Sound Equipment Ltd moved to court to seek annulment of the order of revocation of title. The court ruled in favour of Sound Equipment Ltd and declared that the Gazette Notice No. 3460 was invalid.

 - 2012/2014 – GBM continues advocating for the demolition of the villas on this land through letters to relevant Ministries.

 - January 2015 – Construction resumed.

- March 2015 – GBM, , then Lands Cabinet Secretary Charity Ngilu and the Chairperson, National Lands Commission, Muhammad Swazuri, go to the site and the CS ordered construction to halt and assured that the houses would be demolished.

- 2016 - Sound Equipment Ltd has defied stop orders from NEMA and the Lands Ministry and the houses are still under construction.

Greenbelt Movement Vs. Castle Rock Homes Ltd. And Others Hccc 1020 Of 2005, 2nd Defendant – NEMA, 3rd Defendant – Nairobi City Council


L.R. No. 209/127/60

- August 2005 – GBM moves to court seeking a permanent injunction restraining Castle Rock Homes Ltd. From effecting any further developments on this land.

- August 2009 – the suit is dismissed and Castle Rock Homes Ltd continues construction

Summer Mount Holdings Ltd vs 1st Defendant - Water Resources Management Authority, 2nd Defendant – Peter Usher, 3rd Defendant – Njumbi Residents Association, 4th Defendant – Lavington Residents Association Civil Suit no. ELC 239 of 2011

Chalbi Drive, Lavington

L.R No. 3734/549, 

- 2005 – The Lavington residents association reports this proposed development to GBM. We hired experts to conduct an EIA which confirmed that indeed this land is on a riparian reserve.

 - Septemebr 2008 – GBM is accompanied by the Lands Minister, James Orengo, to the site and the Minister halts development on the site.

 - February 2011, the Water Resources Management Authority (WARMA) moves to court seeking stop orders to develop the land which they get.  WARMA issues a revoked authorization to construct through their Nairobi Sub – Regional office.

 Since then, no development has been undertaken on the parcel of land.