The Environment and Land Court in Nairobi has dismissed a petition by the Woodley Residents Welfare Association and other petitioners against the Nairobi County Government.
This now clears the way for an urban renewal housing project to proceed in Woodley Estate.
The petitioners had sought to block the eviction of current tenants from the estate, where the County Government, in partnership with Africa Reit Limited, plans to build modern housing units. J
Justice M.D. Mwangi in his ruling said the matter had already been decided by a court of competent jurisdiction.
“This court finds that the Petitioners’ intention in filing this petition is to re-litigate an issue that has already been decided by a court of competent jurisdiction; by giving it a cosmetic facelift and renaming it a constitutional petition,” Mwangi ruled.
“Consequently, I allow the 1st Respondent’s application dated 3rd July, 2024 and uphold the 4th Respondent’s preliminary objection and strike out the petition dated 2nd April, 2024 and the application dated 2nd April, 2024 on the basis that they are res judicata and amount to an abuse of the process of court, with costs to the 1st Respondent and 4th Interested Party.”
Nairobi County, through the intervention of Governor Sakaja Johnson, on August 20, 2024, had compensated 43 tenants with Sh900,000 each to vacate and allow for the building of 1,900 modern units.
He at the same time provided them allotment letters guaranteeing ownership once the project is completed.
The petitioners however moved to court and argued that the sale of houses in the estate had been marred by corruption, excluding many original tenants from home ownership.
In response, the Nairobi County Government argued that the matter had already been settled in a previous case, ELCC 2054/2007, making the current petition “res judicata”, meaning it could not be reopened.
The court agreed with the County Government’s arguments and threw away the petition. The county government of Nairobi signed a Memorandum of Understanding (MoU) with 43 tenants at City Hall on August 20, 2024.
The signing meant that the tenants had agreed to vacate their homes to pave the way for the construction of modern housing units.
“This is the first time a government is compensating tenants with such an amount to help you relocate as you wait for the project’s completion,” Sakaja said.
The redevelopment, set to commence on a 10-acre plot within Woodley Estate’s 100-acre land, marks the beginning of a broader initiative to revitalize Nairobi’s ageing estates.