Court Orders Developer Erdemann to Pay Sh13 Million for Grabbing School’s Property

Environment and Land Court finds real estate firm guilty of trespassing and environmental violations at Ngara Girls High School

NAIROBI – The Environment and Land Court has ordered Erdemann Property Limited to pay Ngara Girls High School Sh13 million in damages for illegally occupying school land and causing environmental pollution during construction of its River Estate apartment project.

Justice Grace Kemei ruled that the developer must pay Sh3 million in general damages for trespassing and violating the school’s property rights, plus an additional Sh10 million for environmental violations that created a “hostile learning environment” for students.

Expired lease turned land grab

The court found that Erdemann continued occupying school property without consent after a three-year lease agreement expired in June 2023. The original lease, signed in June 2020, was specifically for temporary storage of building materials during construction of the 2,720-unit River Estate project in Ngara.

However, the developer allegedly changed the land’s use from material storage to manufacturing concrete building stones, operating what the court described as a “concrete making plant” that violated students’ rights to education, dignity, and a clean environment.

“Learning in a polluted area, as described by the Petitioners, takes away the dignity of the young learners by creating a hostile environment,” Justice Kemei stated in her ruling. “Operating a concrete-making machine, therefore, is not in the best interest of the learner/child.”

The court considered evidence from the school nurse showing increased respiratory illnesses among students. Testimony revealed that dust from construction activities had “enveloped the classrooms, dormitories, dining, and the playing field, thus polluting the ecosystem in and around the school.”

The ruling noted that the developer’s activities caused air, water, and noise pollution that violated the students’ constitutional right to a clean, healthy, and sustainable environment.

Developer’s defense falls short

Erdemann attempted to defend its actions by claiming it had implemented mitigation measures, including obtaining government approvals, erecting speed bumps to control traffic and dust, rehabilitating Jadongo Road, and installing dust-proof netting.

The company also disputed ownership of the land, arguing through representative Otieno John Kenneth Rajwayi that the property belonged to Hebatulla Investment and Hebatulla Properties Limited, not the school.

However, Justice Kemei found that Hebatulla Investment Limited had donated the land to the school, which was in lawful possession while the title transfer was being finalized.

Beyond the monetary compensation, the court ordered Erdemann to restore the occupied land and its perimeter wall to their original state within 60 days. Failure to comply will result in an additional Sh10 million penalty for land restoration costs.

The judge noted that despite the developer’s claims of implementing safeguards, “little had been said about the steps taken by the developer to prevent dust from being released into the atmosphere.”

## Legal Significance

The case, filed in August 2024 by the school’s Board of Management and a parent, represents a significant victory for educational institutions’ property rights and environmental protection.

Justice Kemei emphasized the fundamental importance of environmental rights, stating: “So important is a clean, healthy, and sustainable environment that it is deemed to be the cornerstone upon which the enjoyment of political economic and social rights can be attained.”

The ruling also highlighted the developer’s acknowledgment of the environmental hazards, noting that Erdemann had requested a lease extension in September 2023 specifically to relocate its concrete batching plant, “further buttressing the school’s case that the developer has always known that their concrete making equipment was hazardous to the school community.”

## Background on River Estate Project

The River Estate is a massive residential development comprising 2,720 housing units that Erdemann Property Limited has been constructing in Nairobi’s Ngara area. The project has faced various challenges and delays since its inception.

The court’s decision sets an important precedent for property developers regarding environmental compliance and respect for educational institutions’ rights in Kenya’s rapidly expanding urban development sector.