British Press Limited has secured a major legal victory after the Environment and Land Court (ELC) quashed a government order that had required the company to demolish part of its property over alleged encroachment onto the Ngong River riparian reserve.
In a far-reaching judgment, the court ruled that the company did not encroach on riparian land, effectively shielding its Industrial Area property from demolition and eviction.
Demolition Order Declared Unlawful
The dispute arose after the Ministry of Interior issued a notice on May 2, 2024, directing British Press Limited to vacate and demolish sections of its property in Industrial Area, Nairobi, on allegations that it had encroached onto riparian land along the Ngong River.
However, the court found that the order was unlawful.
Justice Anne Omollo held that the suit property—Land Reference No. 209/18655 (Grant No. I.R 101466/4) situated along Enterprise Road, Industrial Area—does not form part of the Ngong River riparian reserve.
The ruling covered the entire property, including the boundary wall, buildings, printing press, packaging facilities, and compound constructed on the land.
Violation of Property Rights
Justice Omollo ruled that the Interior Ministry’s notice threatened to violate British Press Limited’s constitutional right to property under Article 40 of the Constitution.
“The notice dated 2nd May 2024 is illegal, null and void,” the judge ruled, noting that it unlawfully targeted a private property whose ownership and boundaries had never been legally challenged.
The court consequently issued an order of certiorari, quashing the Interior Ministry’s Public Security (Vacation or Mandatory) Orders as they related to British Press Limited.
Permanent Protection Granted
In addition, the court issued a permanent injunction restraining the government and its agents from:
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Breaking into
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Demolishing
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Evicting British Press Limited
from the suit property.
This effectively brought to an end the threat of demolition that had loomed over the company.
Court Orders Cleanup of Ngong River
In a significant environmental directive, Justice Omollo also ordered the National Environment Management Authority (NEMA), Nairobi City County, and the Ministry of Environment and Forestry to:
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Remove waste dumped in the Ngong River or along the riverbank adjacent to British Press Limited’s property
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Complete the cleanup within four months from the date of judgment
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Ensure that no further waste dumping occurs along the affected section of the river
The court noted that there was clear evidence of prolonged illegal dumping by third parties, coupled with regulatory inaction by multiple agencies.
Environmental Protection Is a Shared Duty
Justice Omollo emphasized that environmental protection is a shared constitutional obligation under Articles 42 and 69 of the Constitution.
“While the Court is cautious not to usurp statutory mandates, it is empowered to issue structural and supervisory orders to ensure compliance with constitutional duties,” the judge stated.
She further warned that the illegal dumpsite posed a serious environmental risk and endangered not only British Press Limited but the wider public.
Right to a Clean and Healthy Environment
The court cited Article 70 of the Constitution, which allows any person to institute proceedings where the right to a clean and healthy environment has been violated or is under threat.
“This Court is empowered to grant appropriate reliefs, including declarations, orders of certiorari, and injunctive relief,” Justice Omollo said.
She concluded that British Press Limited was entitled to declaratory orders affirming that:
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Its property does not form part of the riparian reserve
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The Interior Ministry’s orders were unconstitutional and void
Company’s Ownership and Approvals Upheld
British Press Limited told the court that the suit property was lawfully created through the amalgamation of several parcels following approval by the former Nairobi City Council in 2005.
The company produced Deed Plans dated 2006 and 2008, which consistently showed the river boundary on the northern edge of the Ngong River.
It also demonstrated that:
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The validity of its title has never been challenged
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It obtained all necessary development approvals in 2004 and 2006
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It holds a valid Environmental Impact Assessment (EIA) Licence No. 0000200, issued in 2005, which has never been revoked
Illegal Dumping by Third Parties
British Press Limited explained that after completing its developments, unknown third parties began illegally dumping excavated soil along the Ngong River bank bordering its property.
The firm said it repeatedly notified:
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The defunct Nairobi City Council
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Later, Nairobi City County
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And NEMA
that the dumping was obstructing the river’s natural flow.
Despite numerous complaints between 2008 and 2018, no effective remedial action was taken.
Between 2009 and 2012, the dumping escalated into a large illegal dumpsite, gradually extending toward the company’s boundary wall.
Regulatory Acknowledgement
The court heard that British Press Limited submitted an Initial Environmental Audit in 2009, which NEMA found satisfactory.
In July 2019, the company requested verification of the riparian reserve from the Water Resources Authority (WRA).
In its report dated September 20, 2019, WRA confirmed that:
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The suit property borders the Ngong River
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The opposite riverbank was being used for illegal solid waste dumping
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Dumping had pushed the river toward British Press Limited’s side
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Erosion was evident on both riverbanks
Agencies Trade Responsibility
NEMA acknowledged receiving multiple complaints from British Press Limited but said waste management is a devolved function.
The regulator stated that it forwarded the complaints to Nairobi City County, whose mandate includes:
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Designation
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Management
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Decommissioning of dumpsites
NEMA added that while it licenses British Press Limited, responsibility for dumpsites and water resources primarily lies with Nairobi City County and WRA.
Nairobi County Responds
For its part, Nairobi City County denied condoning illegal dumping and said it had taken reasonable enforcement measures, including clean-ups and public awareness campaigns, despite resource constraints.
The county argued that illegal dumping along the Ngong River is driven by criminal cartels operating at night, complicating enforcement.
It also contended that environmental protection is a multi-agency responsibility, and that it cannot be solely blamed where national agencies also have jurisdiction.
The county expressed willingness to collaborate with all stakeholders through joint inspections and mitigation plans.
Landmark Ruling
The judgment is a significant precedent on:
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Riparian land disputes
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Protection of private property
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State accountability in environmental enforcement
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Multi-agency responsibility for environmental degradation
For British Press Limited, the ruling brings an end to a prolonged legal battle and affirms the sanctity of title and due process in environmental regulation.