High Court dismisses Woodley residents’ petition against Nairobi County Gov't

The decision marks the end of a protracted legal battle over disputed property in the area. The court determined that the issues raised in the petition had already been addressed in prior legal proceedings, including the Court of Appeal’s ruling in Civil Appeal No. E375 of 2020.

Additionally, the court found that the petitioners failed to demonstrate a sufficient connection or legal interest (locus standi) to pursue the case, thereby undermining the validity of their claims.

The court struck out the petition and its associated applications in their entirety, emphasizing the need for fresh, substantive claims in legal petitions.

The costs of the Petition and the various Applications are awarded to Nairobi County and the Attorney General, as the Respondents in the case, as well as to Africa Reit Limited, the Interested Party.

The costs shall be either mutually agreed upon by the parties or, in the event of disagreement, subjected to taxation in the conventional manner.

Nairobi County had already compensated the 43 tenants of the 10-acre piece of land, awarding each Ksh.900,000 to pave the way for construction of  1,975 apartment units. Additionally, Governor Sakaja issued allotment letters, guaranteeing the tenants ownership of houses once the project is complete. 

The project is expected to commence immediately.