Private developer plans Sh20bn estate at Michuki Park

A private developer has asked the State to vacate a 26-acre park in the outskirts of the Nairobi central business district to pave the way for construction of a Sh20 billion mixed-use development on the land.

Uaso Nyarobe Waterfront Ltd claims the government has frustrated its plans to undertake the project by encroaching on its land set between Kijabe Street and Kipande Road, whose ownership dates back to the 1950s.

The private firm, through its lawyers, has now written to the Ministry of Environment & Forestry asking them to direct the Kenya Forest Service officials to vacate the land within a week or face court action.

The company intends to create an urban village with 600 affordable housing units and 2,500 kiosks on the northern bank of the site while the southern bank, which borders Kijabe Street, is primed for offices, a hotel, shops, apartments, retail shops, amphitheatre, and a parking area for 3,300 cars.

“On 10th April 2020, Mr Keriako Tobiko, the Cabinet Secretary in the Ministry of Environment & Forestry accompanied by officers from (Kenya Forest Service) invaded our client’s property without any legal basis or justification and forcefully took possession of the subject property,” the letter says.

“Our client has also noted that your office … has started to undertake some works therein without any consent and/or permission from our client while knowing very well that the (land) is a private property and has not been declared as a forest as required under the Forest Act, 2005.”

The parcel of land measuring 32.36 acres was first registered in 1955 in favour of Ewart Scott Grogan for a term of 50 years starting January 1, 1951.

Three years later on April 25, 1958, a share of the land measuring 26.10 acres was sold and transferred to Shrimati Parpatibai, Vashdev Hiranand, Hasham Meralli, Abdulla Fazal and Kundan Lal Watson – who were issued with a Certificate of Title Number I.R 15153.

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The ownership of the property later changed hands several times and as at the initiation of the subject property the owners were Gidoomal Holdings Limited, Lakhinichand Hiranand, Swamp Estate Ltd., Riki Ltd., and the Executors of the Estate of Abdulla Fazal (Deceased).

In 1999, the registered owners reportedly engaged Planning Systems Services Ltd., as lead consultant, to prepare a master plan for a mixed-use development. Ten years later, on August 31, 2009, Uaso Nyarobe Waterfront Ltd was incorporated as a special-purpose vehicle to undertake the proposed project.

“At the material time, there was an understanding of cooperation with the (Ministry of Environment), through the then Cabinet Minister John Michuki, PSs Prof James Ole Kiyapi and Mr Lawrence Lenayapa, and other officials of the said ministry, which culminated in the removal of the waste and encroachment on the subject property at our client’s costs,” the company said.

After fencing and planting of trees at the site, a footpath and bridge were built on the subject property. Later, an administration police post was established on the property “with the permission of our client and through the said collaboration with the (ministry) and Nairobi City Council”.

However, Mr Tobiko has dismissed the claims – giving a detailed account of how the government has worked and spent hundreds of millions of shillings over the past 15 years to reclaim the Michuki Park.

“The lawyers need to acquaint themselves with what riparian and watershed areas are as per the law. One cannot own riparian land or a river….If the land was yours why did you allow the government to spend so much money and resources,” he asked.

The Cabinet Secretary also dismissed the demand letter, saying the Kenya Forest Service officers would stay put at the subject property.

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