By The Weekly Vision News Desk
In a significant victory for educational institutions defending their property rights, the Environment and Land Court has ruled in favour of Ngara Girls High School in a long-standing land dispute with property developer Erdemann Property Limited.
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In a judgement delivered on 18th July 2025 by Justice J.G. Kemei, the court declared that the continued occupation by Erdemann Property Limited of the school’s land, LR No. 209/136/239/R, constituted a violation of the school’s constitutional right to property under Articles 27(1) and 40 of the Constitution of Kenya, 2010.
According to affidavits by Dr Beatrice Achieng Ndiga, Principal of Ngara Girls High School, and Loise Ndotu Mwathe, a parent, the school had initially entered into a lease agreement with Erdemann Property Limited to allow temporary use of the land for storage of construction materials. The lease, which pertained to the construction of the River Estate Project on LR 209/22016, was set for three years and expired on 10th June 2023.
However, despite written notifications dated 11th May 2023 and 4th July 2023 clearly stating that the lease would not be renewed, Erdemann Property Limited continued to occupy the land unlawfully.
Ngara Girls High School raised grave concerns over environmental degradation and disruption to educational activities. The developer allegedly transformed the land’s use from material storage to a full-fledged concrete stone manufacturing site. This change resulted in increased air, noise, and water pollution, threatening the health and well-being of students, teachers, and the surrounding community.
The school also accused the developer of encroaching upon its playground, depriving minors of critical recreational facilities and violating their right to a clean and healthy learning environment. The court heard that these activities led to a range of environmental and health hazards, including land degradation, airborne dust, noise pollution, and respiratory illnesses, issues that continue to affect the school population.
Court Orders and Compensation
Justice Kemei issued the following key orders:
- Mandatory Injunction: Erdemann Property Limited has been ordered to remove and demolish all illegal structures on the property within 60 days from the date of the judgment.
- General Damages: Ngara Girls High School was awarded KShs. 3,000,000 in general damages for trespass and violation of possessory rights.
- Environmental Compensation: The court directed Erdemann Property Limited to pay KShs. 10,000,000 as compensation for violating the school’s right to a clean, healthy, and sustainable environment, by Articles 23 and 70 of the Constitution.
- Land Restoration: The developer was also ordered to restore the land to its original state, including reconstruction of the perimeter wall, within 60 days. Failure to do so will attract an additional penalty of KShs. 10,000,000, payable to Ngara Girls within 90 days.
This ruling sets a precedent in protecting school land from encroachment and enforcing environmental justice. It also sends a strong message to private developers that disregard for legal lease agreements and the well-being of school communities will not be tolerated. The court’s decision is not only a win for Ngara Girls High School but also a vindication of the constitutional rights of minors to a safe, clean, and secure learning environment.
