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The National Assembly has received a petition from Kangemi landowners challenging the implementation of the Nairobi Rivers Commission project, with lawmakers calling for a careful balance between environmental restoration and protection of property rights.
Speaker Moses Wetangβula formally tabled the petition on behalf of Messrs Joseph Ngure and Mugo Gichenga, stating: βI wish to inform the House that my office has received a petitionβ¦ on behalf of landowners in Kangemi.β The petitioners argue that the project, aimed at rehabilitating the Nairobi River, risks infringing on their legally held land.
The petitioners argue that while they support restoration of the Nairobi River basin, due process and constitutional protections must be upheld. They cited historical ownership dating back to the 1930s and anchored their claims in documented land tenure reforms. According to the Speaker, βthese processes culminated in the issuance of freehold titles, recognizing them as lawful private owners under the Land Registration Act 2012 and Article 40 of the Constitution.β
Central to their grievance is alleged exclusion from consultations and fears of displacement. The Speaker told the House that petitioners βclaim they were excluded from the design phase and denied adequate opportunities for consultationβ¦ particularly concerning the proposed dredging of the Nairobi River.β They further argue this violates constitutional rights and legal procedures governing compulsory land acquisition.
The petitioners are seeking, among other remedies, suspension of project activities affecting private land pending full legal compliance and strict adherence to riparian boundaries.
However, Majority Leader, Hon. Kimani Ichungβwah cautioned that Parliament cannot unilaterally halt the project without due process. βThe Committee, or the House, can only do that upon submission of a report,β he said, urging expedited consideration to manage public expectations.
Hon. Ichungβwah also raised environmental concerns, warning that encroachment on riparian reserves could be contributing to flooding and pollution. βThe riparian is not part of your landβ¦ we must alsoβ¦ educate our people,β he said, linking poor land use practices to recent flood-related fatalities.
Members called for a multi-committee approach, with emphasis on verifying land ownership claims, enforcing environmental laws, and ensuring fair compensation where applicable.
In his ruling, Speaker Wetangβula directed the Departmental Committee on Environment, Forestry and Mining to handle the petition on a priority basis, citing a backlog at the Public Petitions Committee.
He further instructed that the matter be concluded swiftly to avoid derailing river restoration efforts, emphasizing the broader environmental stakes. βWe should not compromise the cleaning up of the streams of Nairobi,β he said, drawing parallels with global examples of successful river rehabilitation.
The Committee is now expected to engage stakeholders and report back to the House within a shortened timeline.