The Environment and Land Court in Nairobi has dismissed a petition by the Woodley Residents Welfare Association and other petitioners against the Nairobi County Government, clearing the way for an urban renewal housing project to proceed in Woodley Estate.

The petitioners had sought to block the eviction of current tenants from the estate, where the County Government, in partnership with Africa Reit Limited, plans to build modern housing units.

Although Nairobi County, through the intervention of Governor Sakaja Johnson, had compensated 43 tenants with Ksh. 900,000 each to vacate and allow for the building of 1,900 modern units—along with providing them allotment letters guaranteeing ownership once the project is completed—the petitioners argued in court that the sale of houses in the estate had been marred by corruption, excluding many original tenants from home ownership.

In response, the Nairobi County Government argued that the matter had already been settled in a previous case, ELCC 2054/2007, making the current petition “res judicata,” meaning it could not be reopened. The court agreed with the County Government, ruling that the petition amounted to an attempt to relitigate matters that had already been resolved. It dismissed the petition and the accompanying application, awarding costs to the County Government and its development partner, Africa Reit Limited.

On August 20, 2024, Nairobi Governor Sakaja Johnson met with the 43 tenants who received allotment letters for their new units, along with a cheque for Ksh. 900,000 each to assist with their relocation and facilitate the start of construction. Additionally, the County issued a vacation order to the tenants, in accordance with legal requirements.

This initiative follows the signing of a Memorandum of Understanding (MoU) at City Hall, where 43 tenants agreed to vacate their homes to pave the way for the construction of modern housing units.

“This is the first time a government is compensating tenants with such an amount to help you relocate as you wait for the project’s completion,” Sakaja said.

The redevelopment, set to commence on a 10-acre plot within Woodley Estate’s 100-acre land, marks the beginning of a broader initiative to revitalize Nairobi’s ageing estates.

This ruling reaffirms the finality of court decisions and emphasizes the need to balance individual concerns with the broader public interest, particularly in addressing Kenya’s housing needs. The decision marks a green light for the urban renewal housing project to move forward.