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ELCPartially AllowedPetition dated 8th May 2024 (amended 4th November 2024)· [2025] KEELC 5273 (KLR)

JAJ Superpower Cash & Carry Limited v Cabinet Secretary Ministry of Interior & National Admin & 4 others (Environment and Land Petition E014 of 2024) [2025] KEELC 5273 (KLR)

Environment and Land Court
10 July 2025
7,511 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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Kenya's Environment and Land Court ruled the government demolished a Nairobi wall unfairly with too little notice, awarding Kshs 5 million, but refused larger compensation for property rights.

What this practically means

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Executive summary

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The Petitioner, owner of LR No. 209/13083 along Makena Road, South B, sued five Respondents after its boundary wall along the Ngong River was demolished on 6th and 7th May 2024 pursuant to a Cabinet Secretary's press release of 2nd May 2024 ordering vacation of the 30-metre riparian corridor during the El Niño floods. It alleged violations of Articles 27(1), 40(3) and 47, claiming it had complied with a 6-metre riparian reserve based on a 2018 WRA letter, a 2012 EIA licence and a 2020 construction permit. The Respondents countered that riparian land is public land, that the wall encroached only 4 metres from the river contrary to permit conditions, and that no WRA permit or fresh EIA licence for the wall existed. The court framed five issues. It held the Petitioner obtained approval only from the 2nd Respondent; the 2018 letter could not satisfy clause k of the permit and was not the prescribed permit format. On Article 40, the Petitioner bore the burden of proving the wall lay outside the 6-metre reserve and produced no expert report; the demolition therefore did not breach property rights. However, the 24-hour/seven-day notice without prior notice of contravention breached Article 47; the public-safety defence failed as the grounds of opposition did not specify danger to the locality. Declarations under Articles 27 and 40, the injunction, restitution and the Kshs. 30,196,606 claim were refused. The court awarded Kshs. 5,000,000 against the 1st and 3rd Respondents jointly and severally and ordered them to pay costs.

Key legal issues

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01

Whether the wall was duly approved

Holding

Only the 2nd Respondent's construction permit was obtained; no approvals from NEMA or WRA for the wall

Reasoning

The EIA licence of 2012 related to storeyed buildings, not the wall. Clause k of the permit required WRA approval before works, and clause j required a fresh EIA licence. The 2018 WRA letter predated the permit and could not cure clause k, and a letter is not the prescribed permit format. Therefore the only approval was from the 2nd Respondent.

p. 10
02

Whether proprietary rights under Article 40 were infringed

Holding

No infringement proved; Petitioner failed to show the wall was outside the 6-metre riparian reserve

Reasoning

The burden lay on the Petitioner to prove by expert evidence that the wall was outside the six-metre reserve. No expert report was produced, and the permit itself required a 10-metre way leave while the EIA licence allowed 6-30 metres. Absence of approvals from the 4th and 5th Respondents cast doubt on compliance with riparian protection regulations.

p. 11
03

Whether the right to fair hearing under Article 47 was infringed

Holding

Yes - the notice period was too short and no prior notice of contravention was given

Reasoning

The press release of 2nd May 2024 required vacation within 24 hours and demolition followed within days. The Petitioner had never been notified of any contravention. The public-safety defence failed because the grounds of opposition did not specify danger to the area, and a seven-day notice was short for removing the offending wall.

p. 14
04

Whether the Petitioner is entitled to reliefs

Holding

Partially - declarations under Articles 40 and 27 refused but modest compensation for Article 47 breach awarded

Reasoning

Compensation is discretionary and not pegged to the unproved Kshs. 30,196,606 claim; the bill of quantities was not annexed to the approval applications, and compensation is not restitution. Five million shillings was awarded against the 1st and 3rd Respondents who issued and executed the notice.

p. 14

Legal principles established

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  • Demolition of a structure on riparian reserve does not breach Article 40 where the owner shows no evidence the structure was outside the reserve and lacked requisite approvals
  • Public-safety emergencies do not justify depriving a party of reasonable notice before demolition; less than seven days' notice was unreasonable
  • A letter of recommendation is not a statutory permit; approvals in a prescribed format under the Water Act are required

Court orders

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  1. 1.Petition allowed in part - declarations of violation of Articles 40 and 27 refused; reliefs in paragraphs 3, 4 and 6 of the petition refused
  2. 2.Declaration that the Petitioner's right to fair administrative action under Article 47 was breached
  3. 3.Compensation of Kshs. 5,000,000 awarded against the 1st and 3rd Respondents jointly and severally as reasonable compensation for breach of Article 47 rights
  4. 4.1st and 3rd Respondents to pay the costs of the Petition

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 1(1), 3(1), 10(1), 10(2), 19, 20, 22(1), 23(1), 23(3), 27(1), 40, 42, 47, 62, 66, 69, 70
  • Environment Management and Coordination Act, 1999Section 109
  • Environmental Management and Coordination (Water Quality) Regulations, 2006Regulation 6(c)
  • Water Resources Management Rules, 2007Rules 116(1)-(4), 118(1); Part IX; Sixth Schedule
  • Fair Administrative Action Act, 2015general
  • Water Act, 2016Section 11
  • Water Resources Regulations, 2021Regulation 130
  • Land Registration ActSection 28
  • Physical Planning ActSection 29
  • Physical Planning (Subdivision) Regulations, 1998Regulation 15
  • Survey Regulations, 1994Rule 111
  • Public Safety Actgeneral
  • Sessional Paper No. 7 of 2017general

Cases cited (22)

  • Wreck Motors Enterprises v Commissioner of Lands & Others
    Nairobi Civil Appeal No. 71 of 1997
  • Edwin Motari & Anor v AG & Others
    ELC Petition No. E004 of 2021
  • Republic v Nairobi City County & 2 others
    [2016] eKLR
  • Rosemary Wanjiru Njirai v OCS Molo Police Station & Another
    Petition No. 32 of 2012 [2017] eKLR
  • Pastoli v Kabale District Local Government Council & Others
    (2008) 2 EA 300
  • Kenya National Highways Authority v Shalien Masood Mughal & 5 Others
    [2017] eKLR
  • Samuel Kamau Macharia v KCB & 2 Others
    [2012] eKLR
  • Castle Rock Gardens Mgmt Ltd v AG & 4 Others
    [2017] eKLR
  • Kenya Bus Services Ltd v Gituma
    [2004] 1 EA 91
  • Aloys Mataya Moseti v National Environment Management Authority & another
    [2020] eKLR
  • Kosgei v Mutisya
    (Civil Appeal 4 of 2023) [2024] KEHC 156 (KLR)
  • Richard Okuku Oloo v South Nyanza Sugar Co. Ltd
    [2013] eKLR
  • Ouma v Nairobi City Council
    [1976] KLR 297
  • Banque Indosuez v D.J. Lowe & Co. Ltd
    [2006] 2 KLR 208
  • Coast Bus Services Ltd v Murunga Danyi
    [1992]
  • Anarita Karimi Njeru
  • Mumo Matemu v Trusted Society for Human Rights Alliance & 5 Others
    (2013) eKLR
  • Kenya Ports Authority v Modern Holdings (EA) Limited
    [2017] eKLR
  • Republic v National Environmental Management Authority Ex Parte Sound Equipment Ltd
    [2011] eKLR
  • Nairobi City Council v Thabiti Enterprises Ltd
    [1995-98] 2 EA 231
  • Evans Odhiambo Kidero & 4 Others v Ferdinand Ndungu Waititu & 4 Others
    Petition No. 18 of 2014 (consolidated with Petition No. 20 of 2014) [2014] eKLR
  • Rutongot Farm Ltd v Kenya Forest Service & 3 others
    [2018] eKLR
Jurisdiction invoked
Articles 22(1) and 23(1) of the Constitution of Kenya, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "JAJ Superpower Cash & Carry Limited v Cabinet Secretary Ministry of Interior & National Admin & 4 others (Environment and Land Petition E014 of 2024) [2025] KEELC 5273 (KLR)", Case Analysis (2025). Petition dated 8th May 2024 (amended 4th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5273/eng@2025-07-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.