Houses on Greenpark Estate near Athi River are not on riparian land, the High Court has ruled.
In a judgment by Justice Oscar Angote of the Environment and Land Court in Machakos, the seven houses were found not to have been built on reserved land.
Judge Angote said the water banks have been raised to the standards of 30 metres from the normal flow of a river. The determinant distance of six metres and 30 metres determine the distance length and width of the river.
The judge also issued orders barring the Water Resources Management Authority from demolishing or interfering with the high-end estate, built by Superior Homes.
“Green Park Estate does not encroach on riparian reserve. A permanent injunction is hereby issued restraining the respondent from interfering with the petitioner’s and interested parties’ quiet possession of the said houses,” Justice Angote ruled.
The judgment said the evidence presented showed the petitioner’s (Superior Homes) wall collapsed due to the flooding that occurred in March-May, 2018.
He said the flooding could have contributed to the loss of business, reputation and unrecoverable costs.
“Considering it is not the respondent who caused the flooding and considering that the wall could not be constructed until the issue of whether or not it was on riparian land was resolved, I decline to award to the petitioner the damages,” he said.
The flooding of March 2018 was unprecedented. As experts have said on record, the flooding was most likely caused by the obstruction of flow that occurred during the construction of a bridge across the Stony Athi River on Mombasa Road.
The court, however, declined to award the petitioner the damages stipulated in the further affidavit because it was not the respondent who caused the loss.
Superior Homes, represented by lawyer Philip Nyachoti, called experts to prove its case.
