The Environment and Land Court has extended its orders halting property development in Parklands, Nairobi, in response to widespread concerns over the adverse impacts of unregulated urbanization on both the environment and public infrastructure.
The case was filed by the Parklands Residents Association, who filed a petition highlighting the illegal nature of ongoing construction activities.
According to the petitioners, the developments have severely compromised water and sewer systems, leading to effluents from toilets and bathrooms flowing directly into the Mathare and Kibagare rivers, causing significant environmental damage.
“These developments are blocking essential water and sewer systems, creating a public health crisis by allowing effluents to pollute rivers,” said a spokesperson for the Parklands Residents Association.
“The situation is unacceptable, especially given that these rivers serve as crucial sources of water for many residents and wildlife.”
Residents have further reported that the construction work is taking place on roads, streets, avenues, lanes, and footpaths, obstructing both pedestrian and vehicular movement.
The result has been devastating: deteriorating roads, severe traffic congestion, and frequent flooding during rains, making daily life increasingly difficult.
“The roads have been destroyed, and every time it rains, the area floods,” a local resident expressed.
“It’s almost impossible to move around, whether by foot or car. This isn’t just an inconvenience—it’s a safety hazard.”
The residents allege that the developments, particularly massive high-rise buildings, have been encroaching on public land and could be in violation of the Physical and Land Use Planning Act (PLUPA) 2019.
Some of the affected parcels of land include L.R. No. 1870/1/470, Nairobi/Block 37/283, and several others in the region.
The petitioners argue that the unchecked urbanization in Parklands, including the development of properties listed in their case, is a violation of the Constitution, particularly Article 42, which guarantees the right to a clean and healthy environment.
They contend that the ongoing construction breaches multiple provisions of PLUPA 2019 and its regulations, which are meant to safeguard the urban landscape and public welfare.
“We have raised very serious issues regarding rights, freedoms, and the legal framework governing urban development in this area,” said the residents’ legal representative.
“The Respondents are flagrantly violating the law, and this negligence is putting both the environment and public health at risk.”
The residents further argue that the construction activities threaten to erase the urban scale, historic character, and cultural heritage of Parklands.
The developments, they claim, have harmed the local ecology, diminished environmental quality, and violated land-use compatibility principles, which are essential for maintaining a harmonious urban environment.
“The developments are harmful to the environment, and their continued presence only worsens the situation,” the residents’ statement to the court emphasized.
“The right to a clean and healthy environment is fundamental, and these activities directly violate that right.”
Numerous attempts by the residents to engage with the county government have been unsuccessful.
Despite repeated requests for action, including pleas for the enforcement of regulations and an end to illegal construction activities, the public officials have failed to intervene effectively.
“The county government has been entirely unresponsive,” said a member of the Parklands Residents Association. “We have begged, pleaded, and demanded that our voices be heard, but nothing has changed. We are left with no choice but to take legal action.”
In their petition, the residents invoked the court’s constitutional and legal jurisdiction to issue orders that would stop the ongoing violations. They urged the court to take swift action to prevent further damage to the environment and public infrastructure.
“The court has the authority to halt the infringement of our fundamental rights and to issue orders preventing further damage,” said the petitioners. “The harm being done is irreparable, and any further loss would be catastrophic for the environment and for the people living here.”
The court, after hearing the case, acknowledged the severity of the claims and the potential long-term consequences for the community and the environment.
The judges agreed that the loss and damage caused by the developments were immeasurable and irreversible, stating that any harm suffered by developers was of their own making due to the illegal and irregular nature of their activities.
The petitioners’ call for accountability is clear: “We demand that the county government take immediate action to halt these illegal developments and safeguard the rights of the public to a clean and healthy environment.”
