The Court of Appeal has stamped its authority and declared that residents of Green Park Estate in Athi River have not constructed their homes on riparian land.
The ruling, delivered by a three-judge bench comprised of Justices Kahthurima M’Inoti, Hellen Omondi, and Imaana Laibuta, confirmed that the estate’s developer, Superior Homes PLC, followed all necessary procedures before constructing the estate.
The appellate court upheld the previous decision of the Environment and Land Court (ELC), which ruled in favor of the residents and the developer.
The Judges said they are satisfied that the ELC did not err in finding that the units were not on riparian land, and that the enforcement order was unlawful, null, and void.
This decision effectively overturns an earlier enforcement order by the Water Resources Authority (WRA) that sought to demolish the estate’s housing units on the grounds that they were allegedly built on riparian land.
