Aston Lukoye
- Woodley Estate residents’ petition to prevent demolitions and evictions was dismissed by the court.
- Justice MD Mwangi’s ruling has been accused of endorsing land grabbing and procedural errors.
- Residents claim they were not involved in the case cited by the judge as “res judicata.”
Residents of Woodley Estate are facing eviction after a court ruling dismissed their petition to halt demolitions. The judgment, delivered by Justice MD Mwangi, has drawn criticism from both residents and activists, who argue that the ruling enables illegal land grabbing.
The petition, filed by the Woodley Residents Welfare Association and individuals, sought to stop the Nairobi County Government from demolishing their homes, which have housed residents for over 70 years. They claim the properties were being allocated to developers without due process or public participation.
However, Justice Mwangi dismissed the case, citing “res judicata,” meaning the matter had already been resolved in a previous case. The petitioners argued that they were not involved in the earlier case, and the parties in that case were unrelated to their petition.
The judge also stated that public participation had been conducted, referencing advertisements placed by City Hall. However, residents argue that posting tenders is insufficient, stressing the importance of meaningful consultations with affected communities.
The ruling has sparked confusion and anger, as residents believe the court relied heavily on the respondents’ affidavits—Nairobi County Government and developers—while dismissing their submissions.
The ruling has paved the way for demolitions and redevelopment in Woodley Estate, with the county government arguing it’s necessary for modernizing Nairobi. However, residents plan to appeal, accusing the court of favoring powerful interests and disregarding their rights. As they continue their fight, they vow not to give up on protecting their homes and community. The upcoming appeal will test the judiciary’s commitment to safeguarding public interest amidst rapid urban development.
