Residents of Willow Court in Nairobi West have expressed concerns over the ongoing demolitions along the Ngong River, which have destroyed sections of boundary walls and concrete flooring around the property. The demolitions have continued despite a temporary injunction issued by the Water Tribunal on May 7, 2026, barring the demolition of developments on the disputed property. The tribunal's order was issued in a dispute between Willow Court One Limited, Willow Court Two Limited, and Willow Court Three Limited against the Water Resources Authority and the Nairobi City County Government.
The dispute, before the Water Tribunal in TRWAC No. E007 of 2026, involves allegations of riparian encroachment. The tribunal granted a temporary injunction restraining the respondents from demolishing the complainants' developments on L.R. No. 37/750. The order also included a penal notice warning of consequences for disobedience or non-observance. Despite the court order, demolition activities resumed earlier this week, with parts of the structures and surrounding infrastructure already destroyed.
The demolitions have left residents increasingly concerned about the safety of families living in the area. The removal of the structures has exposed a ditch, which residents fear could pose a danger to children. The destruction of protective structures could also leave homes more vulnerable to flooding during heavy rains. Residents have raised concerns about bridge safety, warning that the ongoing works could compromise its structural safety.
The residents also fear that the demolition of the bridge could leave some residents stranded on one side of the river, cutting them off from the outside world. The concerns come as the substantive dispute over the alleged riparian encroachment remains unresolved. The appellants maintain that the residential developments were constructed eighteen years ago after obtaining approvals from the relevant authorities.
Court documents show that an Environmental Impact Assessment Licence was issued on August 10, 2007, while development approvals were also obtained from the then relevant planning authorities. The appellants say the development was completed in accordance with the approvals issued at the time. They further argue that the development incorporated a 10-metre riparian setback measured from the middle of the Ngong River.
The residents dispute the methodology used to determine the alleged riparian reserve, arguing that officials measured from the boundary wall rather than the legally prescribed high-water mark. The residents also say the enforcement action came without adequate notice or an opportunity to respond to the allegations before demolition orders were issued. Their lawyers have argued that applying the 2025 Water Resources Regulations to developments constructed between 2007 and 2009 would amount to retrospective application of the law.
The matter returned before the Tribunal on Thursday, October 1, for a mention to confirm the status of responses by the respondents. According to the residents' advocates, the Water Resources Authority told the Tribunal that it had not yet filed its response because it intends to first conduct a site verification exercise. The Authority undertook to formally invite Willow Court residents, through their advocates, to participate in the exercise. The residents are now calling for the Tribunal's order to be respected as the legal process continues.
Key points
- The demolitions have continued despite a temporary injunction issued by the Water Tribunal.
- Residents are concerned about the safety of families living in the area due to the destruction of protective structures.
- The dispute over the alleged riparian encroachment remains unresolved.
