The Environment and Land Court (ELC) has suspended a mega housing project in Limuru after residents sued, alleging illegal land acquisition and environmental risks.
The court ordered the status quo, effectively freezing the development pending a hearing set for October 2025.
The suit also concerns the fear of the residents opposed to the project that the area would be overpopulated, leading to a strain on resources.
Justice Jane Onyango, sitting at ELC Thika, ordered the status quo on three land parcels where the proposed project was being undertaken. This effectively prevents the parties involved in the dispute from making any alterations or new developments.
“In the interim, the status quo obtaining on land titles L.R. No. 154/33, L.R. 154/134, and L.R. 154/36 be maintained pending the hearing of the application inter partes,” said Justice Onyango following an application by a residents’ lobby.
This means that the property's condition, possession, and nature must be kept the same as it was at the time the court issued the order pending further directions of the court.
The order came months after the court issued orders in a separate suit stopping Kiambu County Government from processing development plans for the project, whose owners remain unknown.
The heart of the dispute is a claim that the project was being undertaken on public land reserved for a youth vocational college.
The main parties in the court case are officials of Kentmere Residents Association, suing on their own behalf and on behalf of the residents of Redhill Kentmere area, against trustees and officials of Young Mens’ Christian Association (YMCA), a non-government organisation.
Others sued are the Kiambu county government and its executive committee member, mandated to approve development plans within the county.
The petitioners are opposing the project because the land subdivision and resultant development would lead to overcrowding of the area.
“The petitioners argue that taking into account that Kentmere is a prime area, the subdivision of these lands and the sale of smaller half-acre plots will have significant adverse effects on the community and the environment, including increased population density, leading to strain on resources and overcrowding,” reads the petition.They are also apprehensive that the project would lead to “reduced quality of life due to inadequate infrastructure and public services”.
In addition, there would be environmental degradation, including reduced green spaces and pollution. Another claim is that there would be increased competition for limited economic opportunities, exacerbating unemployment and economic instability.
They are also challenging the project on the grounds that the disputed land had been subdivided and the plots offered for sale for development without transparency.
“Other than breach of trust and terms of their constitution, the respondents, after applying to the eighth respondent (county executive) for approvals for sub-division, the respondents failed to adequately advertise the notice and/or application for subdivision approvals to the public,” says the petitioners.
They argue that the alleged failure deprived them of the opportunity to be informed about the approvals and raise any objections they might have had.
It is their case that the contested land parcels were acquired and set aside as trust land, with a view to establishing a public institution aimed at empowering students from poor backgrounds with the necessary agricultural and technical skills.
“Limuru Boys Centre, which was later renamed YMCA Technical and Vocational Institute, was established on the aforementioned lands and has served the local and national community by providing education and training to pupils in need since its founding,” reads the petition.
However, the petitioners allege that trustees and officials of YMCA subdivided the land parcels with the intention of selling to third parties. They argue that this is a violation of the foundational trust documents.
They add that there were insufficient efforts made to ensure genuine public participation throughout the approval process.
In regard to alleged violation of environmental rights, the petitioners are seeking the court’s redress, including an injunction to stop the proposed development, on claims that it would cause damage to the environment and the livelihood of the local community.
“The Petitioners request the Court to issue an order to prevent or halt the ongoing actions of the Respondents, which threaten the environment and infringe upon the Petitioners' constitutional right to a clean and healthy environment,” reads the petition.
The petition warns of ‘irreversible damage’ to local ecosystems, though the court has not yet reviewed any testimony on the allegation.
They want the court to declare that their right to a clean and healthy environment and public participation has been infringed by the respondents.
They have also applied for a permanent injunction restraining the Respondents, their agents, servants, or anyone acting on their behalf, from selling, alienating the contested land parcels, or from undertaking any construction or development on the said land.
YMCA officials and the county government are yet to file their responses to the application in court. The case is fixed for hearing on October 23, 2025.
