A private company operating in Nairobi’s Industrial Area has won a major legal victory after the Environment and Land Court stopped authorities from evicting it from its property and directed state agencies to address illegal dumping along the Ngong River.
In a judgment delivered by Lady Justice Ann Omollo, the court quashed a Public Security Order issued by the Cabinet Secretary for Interior in May 2024 that had directed residents and property owners near rivers and water reservoirs to vacate their land.
The company had challenged the order, arguing that it was issued unlawfully and violated its constitutional right to property as protected under Article 40 of the Constitution.
The case pitted the firm against several government agencies, including the National Environment Management Authority (NEMA), Nairobi City County, the Water Resources Authority (WRA), the National Land Commission and the Ministry of Environment.
The company accused the agencies of failing to curb illegal dumping of waste along the Ngong River, saying the unchecked pollution had altered the river’s course and exposed its property to enforcement action despite being compliant with environmental laws.
Court documents showed that the firm’s property Land Reference No. 209/18655 along Enterprise Road lies within approved riparian limits. Surveys and environmental licences presented in court confirmed that the company’s boundary walls, printing press and packaging units did not encroach on the river.
While NEMA and WRA admitted receiving complaints about unlawful dumping, they told the court that enforcement was a shared responsibility among several agencies. Nairobi City County, on its part, cited limited resources and illegal dumping carried out at night as key challenges.
However, the court found that the Public Security Orders issued on May 2, 2024, were made without proper inspection, legal basis or notice to the company.
“An order of certiorari be and is hereby issued to remove into this court for purposes of being quashed the ministry’s vacation or mandatory orders dated May 2, 2024, as relates to the petitioner,” Justice Omollo ruled.
Beyond stopping the eviction, the court also turned its focus to the environmental concerns raised in the case. It ordered NEMA, Nairobi City County and the Ministry of Environment to remove all waste dumped along the section of the Ngong River bordering the company’s property within four months.
Justice Omollo further directed that no further dumping should be allowed, citing the state’s constitutional obligation to protect the environment under Articles 42, 69 and 70.
“An order of mandatory injunction is issued compelling the respondents to remove waste dumped in the Ngong River and along the adjacent riverbank near Land Reference No. 209/18655, Enterprise Road, Industrial Area, Nairobi County, within four months from the date of this judgment,” the court ordered.
The ruling is expected to have wider implications for how authorities enforce river protection measures, while also placing renewed pressure on government agencies to deal decisively with pollution in Nairobi’s waterways.