Residents of Green Park Estate in Athi River have been granted relief after the Court of Appeal ruled that their homes are not on riparian land.
The ruling, delivered by a three-judge bench—Justices Kahthurima M'Inoti, Hellen Omondi, and Imaana Laibuta—affirmed that the estate's developer, Superior Homes (Kenya) PLC, adhered to all legal requirements before constructing the estate.
This decision upholds the earlier judgment by the Environment and Land Court (ELC), which had ruled in favor of the residents and the developer. The appellate court found no error in the ELC's determination that the housing units were not on riparian land and declared the Water Resources Authority (WRA) enforcement order to demolish the homes as unlawful, null, and void.
The court's ruling is seen as a significant victory for the residents and Superior Homes, who were at risk of losing their properties and facing substantial financial losses. However, the court did not award Superior Homes the KSh 466 million it sought in compensation for alleged business and reputational damages caused by the enforcement order.
Superior Homes, represented by lawyer Phillip Nyachoti, argued that the enforcement order led to significant financial and reputational harm, resulting in a public relations crisis. Despite this, the judges denied the compensation claim, noting that the developer had not provided evidence of special damages in the petition. "Without pleaded special damages, the appellant is not entitled to such an award," the judges ruled.
The Water Resources Authority, which opposed the compensation claim, maintained that Superior Homes' losses were due to flooding, not the enforcement order.
