Court Rules in Favor of Mandera Governor's Parklands Flats Project

Nairobi’s Environment and Land Court has turned down North Highridge Primary School’s request to stop Mandera Governor Mohamed Adan Khalif from building residential flats on land the school claims to own in Parklands. The court said the school did not meet the legal requirements for temporary relief, including providing sufficient proof of ownership, to justify stopping a project already cleared by government authorities. The application sought to suspend work on a 10-storey residential development with 160 housing units along Sixth Avenue. The school’s board filed the lawsuit last September, asking the court to prevent Governor Mohamed, his contractors, and agents - including Asili Hills Apartments - from excavating or developing the site until the main case is heard. They also asked for police protection and enforcement from county and national agencies. The application was supported by affidavits alleging encroachment since 1995 and letters protesting the loss of school land. However, the judge found the evidence incomplete. “Looking at the documents the plaintiffs have presented, I note they provided a history of the disputed land but failed to file any documents to support their claim on the suit land,” Justice Christine Ochieng said. She added that allegations of forgery and illegality in the governor’s title could only be properly examined during a full trial, not through an interim injunction. The court also considered approvals from relevant authorities, noting that the National Construction Authority (NCA) confirmed the developer complied with the law and had resumed work after earlier pauses. “Since the first defendant (Mohamed Adan Khalif) was granted development permission for his land, with the relevant government entities acknowledging this position, I am unable to restrain him from his property,” the judge held. She said the school had not presented a strong enough case to justify halting construction at this stage. “It is trite that injunctive remedies are equitable, and parties seeking them must demonstrate a prima facie case. At this juncture, noting the absence of clear documents supporting the plaintiffs’ claim, I find the injunctive relief sought premature,” Justice Ochieng added. The land in question, registered as LR No 209/21526 and formerly LR No 209/12673, is claimed by the school as part of its original property. Records show the school initially had about 2.219 hectares, which it says has been reduced over the years, leaving roughly 1.06 hectares. The school alleges that unknown individuals erected fences, set up site offices, and tried to build permanent structures on parts of its property. Administrators have made multiple complaints to government offices since 2004, but the encroachment continues. Governor Mohamed maintains that he lawfully purchased the land. Court documents indicate he bought it in February 2021 from Richard Maore Maoka for Sh140 million. The land was later cleared for development, with construction starting in 2024 and accelerating in March 2025. In resisting the injunction, the defendants argued that the school could not prove ownership of the specific plot under construction. The court agreed, noting that while the school outlined a historical narrative of alleged land loss, it failed to link the disputed parcel to its registered title. Justice Ochieng emphasised that granting a temporary injunction is discretionary and requires a clear case of an apparent right being violated. The full trial will now assess the legality of past surveys, transfers, and ownership claims central to this long-standing dispute.