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Post Reply: Court Blocks KeNHA from Demolishing Apartments in Langata in Major Land Dispute Ruling

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on April 13, 2026, 1:49 pm</div><div id="pl-8959" class="panel-layout">
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<p dir="auto">The Environment and Land Court has permanently barred the Kenya National Highways Authority from demolishing Park Gardens Court apartments in Langata, Nairobi, and awarded the developer Sh20 million in damages after a 15-year legal battle. Justice A. Omollo ruled on March 19 that the developer, Mwaafa Court Limited, proved its case and deserved protection and compensation.</p>
<p dir="auto">The dispute began on October 8, 2010, when KeNHA officials accompanied by police marked sections of the property on L.R. No. 209/11629 with an X to indicate planned demolition, claiming it encroached on land reserved for the Southern Bypass and a railway corridor. The developer maintained that it had lawfully acquired and developed the site after securing all required approvals. The markings caused panic among buyers, canceled sales and significant financial losses. The project includes 60 apartments, some already sold to buyers who performed due diligence and obtained financing.</p>
<p dir="auto">A surveyor testifying for the developer confirmed the property lies well outside the road reserve with a substantial buffer. KeNHA relied on 1980s planning documents to argue the land formed part of a designated transport corridor and that the developer's title was irregular. The authority filed a counterclaim seeking title cancellation and demolition. Court evidence revealed inconsistencies in KeNHA's position, including conflicting testimony from government witnesses on whether the property actually encroached on the bypass.</p>
<p dir="auto">Justice Omollo determined that although no demolition occurred, the act of marking the buildings interfered with the developer's business and transactions. The developer had repeatedly sought resolution with government agencies without success, leading to the lawsuit. The court issued a permanent injunction restraining KeNHA and the Attorney General from trespassing, demolishing or interfering with the property. It awarded Sh20 million in general damages for loss of reputation plus costs and interest. KeNHA's counterclaim was dismissed.</p>

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