Court suspends affordable housing project in Naivasha

The Environment and Lands Court in Naivasha has suspended the construction of over 1,000 housing units in Naivasha under the affordable housing project.

The move is a major blow to the multi-million project, which was incidentally being undertaken on land donated by the Delamere family in 1996, specifically for the town’s stadium.

In her ruling, Justice Mary Oundo stopped any construction on the land located off the Nairobi-Nakuru highway pending the hearing and determination of a petition challenging the project.

The judge gave the respondent, which includes the AG, National Land Commission, Ministry of Lands, the State Department of Housing, and Nakuru County government, 14 days to file their response to the petition.

“Pending the hearing and determination of the petition, conservatory orders do and are hereby issued stopping the Respondents, their agents or representatives from entering, or in any way interfering with the said parcel of land known as Naivasha stadium,” read the orders.

The petitioner, Davis Kamau Njuguna, had gone to court seeking to stop the project as the 27 acres were specifically donated by the Delameres for the sole purpose of a stadium.

“In March, 1996, the Delamere estate donated a parcel of land measuring approximately 26.9 acres to the Naivasha Municipal Council for the purpose of developing a sports complex in Naivasha Town,”

He noted that area residents were not consulted about the construction of the affordable housing on the said parcel of land and had thus been denied their constitutional right to voice their concern.

“The conversion of the stadium land without adequate consultation undermines community interest as the same is contrary to the original intent of the land and also violates the provisions of the constitution,” reads the petition in part.

The petition further noted that the affordable housing project constituted an illegal appropriation of public land reserved for the construction of a stadium and its use for private housing development violated zoning regulations and public trust.

Speaking earlier, former Lakeview MCA Simon Wanyoike wondered what rationale was used to transfer the stadium land to affordable housing.

“The Delamere family was very clear that this land was for a stadium, but after years in court, the county has come in and subdivided it, and this is illegal and hence the legal redress,” he said.

He said that recently, residents won a case against former officials of Naivasha Municipal Council who had hived off part of the land and started construction.

“After winning the case against some politicians who wanted to grab part of the land, the county has set aside the same land for affordable housing, and we shall fight this too,” he said.