The High Court has dismissed a petition by Woodley Estate residents challenging the Nairobi County Government’s redevelopment plans, marking a decisive victory for the county’s urban renewal initiative.

The court ruled that the petition lacked merit, citing duplicity of previously adjudicated matters and a failure by the petitioners to prove a legal basis for their claims.

Justice Mboya, presiding over the matter, emphasised the principle of res judicata, noting that the core issues raised in the petition were similar to those resolved in prior cases, including the Court of Appeal's Civil Appeal No. E375 of 2020.

“The petitioners have failed to demonstrate that the issues at hand are distinct or new. This court cannot entertain matters already conclusively determined," Mboya stated.

The petitioners, Joseph Ngotho and Pinto Kali, along with 41 other self-identified residents of Woodley Estate, alleged that their constitutional rights had been violated by the issuance of notices to vacate their premises.

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They contended that the Nairobi County Government had reneged on promises to allow them to purchase the housing units they occupied, citing a 1992 Nairobi City Council resolution as the basis for their claim.

However, the court found the petitioners' arguments unsupported by evidence. Justice Mboya noted that the petitioners failed to establish their 'locus standi', observing that no tenancy agreements or other documentation proving their legal claim to the properties were provided.

“The lack of documentation or credible proof of tenancy renders the petitioners’ claims untenable,” he remarked.

The court also dismissed the notion of a “legitimate expectation” based on the cited resolution. Referring to the Court of Appeal’s ruling on the matter,

"The purported resolution of 1992 neither authorised nor mandated the sale of the Woodley Estate properties. It remains a non-binding proposal," Justice Mboya reiterated.

The petition was further criticised as an abuse of the judicial process, with the judge highlighting that similar claims had been brought forth in the Environment and Land Court Petition No. E001 of 2024 and other cases.

He noted that the issues of public participation and tenants’ rights raised by the petitioners had already been settled, rendering the current application repetitive and unwarranted.

In its judgment, the court awarded costs to the Nairobi County Government, the Attorney General, and Africa Reit Limited, an interested party in the case.

The ruling specified that the costs would be agreed upon among the parties or subjected to taxation if disagreements arose.

The ruling clears the way for Nairobi County’s ambitious redevelopment plan, which includes the construction of 1,975 apartment units on a 10-acre parcel of land.

Nairobi Governor Johnson Sakaja has assured former tenants that they will receive first priority in the allocation of new housing units once the project is complete.

Each of the 43 displaced tenants has already been compensated with Sh900,000, and allotment letters have been issued guaranteeing their future ownership.

The urban renewal project is set to commence immediately, signalling a new chapter for the county’s efforts to address housing shortages.

However, this decision may elicit mixed reactions from residents and housing rights advocates, some of whom may view it as a setback to their quest for affordable housing and fair compensation.