Court upholds allocation of 288 acres to Nubian in Kibra
The judge held that the allocation process complied fully with the law.
A constitutional petition challenging the allocation of 288 acres of land in Kibra to the Kibra Nubian Community Land Trust has been dismissed.
In a landmark ruling, the Environment and Land Court held that the process of allocating the land to the Nubian community was lawful, transparent, and conducted with adequate public participation.
The petition, filed in 2024 by two residents' associations—Kibera Lindi Friends and Neighbours Welfare Association and Bukhungu CBO 047—challenged the conversion of the land from public to community land and the subsequent issuance of a title deed to the Kibra Nubian Community Land Trust.
The petitioners argued that the process leading to the preparation of the Physical Development Plan (PDP), the conversion of Grant I.R. No. 149108 into community land, and its allocation to the Kibra Nubian Community Land Trust in 2017 was undertaken without meaningful public participation.
They further alleged that allocating the 288-acre parcel exclusively to the Nubian community amounted to discrimination, arguing that members of the other 42 communities residing in Kibra had been unfairly excluded.
The petitioners also contended that the redevelopment of the land for the settlement of the Nubian community violated their constitutional rights to equality, property, housing, and fair administrative action. They sought Sh10 billion in compensation, the cancellation of the community title and the disbandment of the Taskforce on the Operationalization of the Redevelopment and Affordable Housing Project for the Nubian Community Land Trust.
In her judgment, Justice Christine Ochieng ruled that the petitioners failed to establish any constitutional or legal violations warranting the reliefs sought.
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The judge held that the planning process complied fully with the law, noting that the Physical Development Plan was duly gazetted, advertised in national newspapers, and subjected to the statutory 60-day public objection period.
"I find that there was indeed public participation in the development of the impugned PDP. I will decline to quash it and deem it as valid," Justice Ochieng ruled.
On the claim of discrimination, the court found that the allocation was intended to address historical injustices suffered by the Nubian community, which has occupied the area since the colonial era.
"Since this is a title to Community Land which involves a large group, it is my considered view that by seeking to cancel the said title, it will be tantamount to violating the Nubian Community's right to property," the judge stated.
The court also dismissed the claim for Sh10 billion in compensation, finding that the petitioners had failed to demonstrate the extent of the alleged loss or provide evidence of the value of the properties they claimed would be affected.
“Since from the objections they lodged, they were mostly claiming to be allocated land, I find that they should apply for available land from the National Land Commission instead of claiming the Nubian Community Land,” Justice Ochieng stated.
