The Environment and Land Court has ruled in favor of a private printing firm in Nairobi's Industrial Area, blocking its forced eviction and directing authorities to clean up illegal dumping along the Ngong River. The company contested a May 2, 2024, Public Security Order, arguing it was unlawful and infringed on its constitutional property rights under Article 40. The court mandated NEMA, Nairobi City County, and the Ministry of Environment to remove the waste within four months.
A printing firm in Nairobi's Industrial Area has secured a court victory against a forced eviction order issued by the Cabinet Secretary for Interior on May 2, 2024. That directive urged residents near rivers and water reservoirs to vacate their properties. The company contended that the order lacked lawful authority, involved no inspection or notice, and thus violated its property rights under Article 40 of the Constitution.
The case implicated several 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 firm accused these bodies of failing to curb illegal waste dumping, which it claimed altered the Ngong River's course. Court evidence indicated that the company's property, Land Reference No. 209/18655, adhered to riparian reserve rules, with its boundary walls, printing press, and packaging units showing no encroachment on the river.
NEMA and WRA admitted receiving complaints about dumping but noted that enforcement is a collective duty across agencies and that the river's course had not changed substantially. Nairobi City County pointed to resource limitations and nighttime dumping as enforcement hurdles.
Lady Justice Ann Omollo granted a certiorari order to quash the May 2, 2024, orders pertaining to the firm. "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/issued on May 2, 2024, as relates to the Petitioner," she directed. On environmental issues, the court required NEMA, Nairobi City County, and the Ministry of Environment to clear waste from the Ngong River and its adjacent bank near the property within four months. It also prohibited future dumping, invoking the state's obligations under Articles 42, 69, and 70 to safeguard the environment.
"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."
