The Environment and Land Court in Nairobi has dismissed an application by Forest Lane Residents Limited and Karen and Langata District Association chairman Samora Sikalieh to have a case filed by Cedars Restaurant against them thrown out. The developer, Cedars Restaurant, had accused the residents and their association of trespassing, harassment, and interfering with its property.
According to the developer, Cedars Restaurant acquired the property in 2023 and planned to remodel existing structures into a family restaurant. The company obtained approvals from Nairobi City County to change the property's use from residential to commercial and renovate the premises. However, the residents disputed the claims, saying the signboard stood on a public road reserve rather than the developer's private land.
The residents, through their lawyer, argued that the property was public land managed by Nairobi City County and the National Land Commission, meaning the developer could not claim exclusive ownership of the area where the signboard was erected. They also questioned the approvals relied on by the developer, saying the change-of-use approval and renovation permit were issued to other individuals and could not automatically be transferred to the new owner.
The case involves Hillary Soi, named as the first defendant, Forest Lane Residents Limited, and Sikalieh, who is sued as KLDA chairman. Cedars Restaurant accused Soi of entering the property on March 6, 2026, allegedly acting on instructions from the other defendants, and pulling down its signboard. The company further claimed that members of the residents' association repeatedly entered the premises, demanded to see its approvals, and threatened its staff and directors.
However, Environment and Land Court Judge Oscar Angote ruled that the dispute went beyond the signboard, with the developer also accusing the defendants of repeatedly entering its premises without permission, threatening workers, and interfering with its use of the property. The judge stated that the law requires parties involved in outdoor advertising disputes to make reasonable efforts to resolve their differences before approaching the courts.
Judge Angote observed that the company's ownership of the property was not disputed in the application before her. The judge also declined to determine whether the signboard stood on private land or a public road reserve, saying the matter required evidence during the hearing. The judge dismissed the application dated April 29, 2026, and ordered the second and third defendants to pay the costs.
The residents had wanted the court to strike out the case, arguing that the developer had failed to identify a valid basis for accusing them of trespass. However, Justice Angote found that the developer's complaints could not be reduced to a disagreement over an advertising signboard. The case will now proceed to a full hearing to determine the allegations of trespass and harassment.
Key points
- The court has allowed Cedars Restaurant to pursue a case accusing Karen residents of trespass and harassment.
- The residents had argued that the signboard stood on a public road reserve and that the developer's approvals were issued to other individuals.
- The judge declined to determine whether the signboard stood on private land or a public road reserve, saying the matter required evidence during the hearing.
