The Environment and Lands Court has ordered the national government and Nakuru County to compensate and resettle tens of victims displaced by the rising waters of Lake Naivasha.
The court in Naivasha directed the two arms of government to facilitate the evacuation of all residents currently affected by the flooding and the rising water levels
This follows a successful petition that had been filed by affected victims of Kihoto estate in Naivasha who wanted the court to declare the crisis as a national disaster.
Dr Peter Mbae, Washington Ndirangu, Stephen Kimani, Tabitha Wangui and Marques Kariuki filed the petition on behalf of 4000 residents on November 5, 2025.
Under a certificate of urgency also wanted CS for Interior, his Lands counterpart and the County Government of Nakuru compelled to evacuate and resettle them.
In her ruling delivered virtually, Judge Mary Oundo directed that recommendations of a 2021 report by a parliamentary task force on the flooding be implemented and the riparian boundaries marked afresh.
“The respondent shall formally initiate the resettlement action plan as recommended by the 2021 report by identifying and allocating an alternative safe land for relocation of all persons affected by the floods,” she said.
The judge further directed that the government should evaluate and compensate all affected land owners holding genuine ownership documents and whose land had been submerged by the floods.
“An order is herein issued directing the respondents to remark the riparian boundary of Lake Naivasha and thereafter create and enforce a buffer zone,”
“The respondents shall also establish and operationalize a multi-agency task force that shall embark on the enforcement of the orders issued herein and file a comprehensive action plan in this court within 30 days,” said the judge.
Advocate Kiarie Wairegi who had filed the petition, said they would work with the national government in forming the taskforce and implementing the orders.
Speaking after the ruling, he said that victims of the flood had title deeds issued by the Ministry of Land after they legally acquired the land and were not living on riparian land as claimed.
Flanked by the flood victims, Wairegi lauded the court decision noting that he was ready to seek further orders if the government failed to adhere to the orders.
“The court has directed that we make a report on the progress made in 30 days and we are keen to have these victims get justice,” he said.
Lakeview MCA Alex Mbugua said that over 10,000 families had been affected by the floods leading to a rise in depression cases.
He said that he would table the issue in the county assembly with a view of having the compensation and resettlement issue resolved urgently and amicably.
“This problem started in 2020 and last year was the worst yet these families bought the land legally and we are grateful for the court’s ruling,” he said.
One of the affected persons Stanley Wachanga said that the suffering would have been alleviated if the government had implemented the 2021 parliamentary report.
“We have not received any support from the national or county governments and we hope the court ruling marks the end of our suffering,” he said.
This was echoed by Jane Kamau who said that they legally acquired the land that many of the victims were retired civil servants who invested in the estate.
“It’s sad that our leaders including the Governor have failed to come to our rescue despite voting for them and we are happy that our prayers have been heard through the courts,” she said.
