Traders allege extortion in demolition of buildings on riparian land

Property owners and traders along Dar es Salaam Road in Industrial Area, Nairobi, have protested demolition of buildings authorities say sit on riparian reserves.

They accused authorities of alleged extortion during the exercise. 

Bulldozers on Monday partially destroyed buildings that have allegedly encroached on riparian reserves. 

The buildings are adjacent to a water tunnel which authorities say is part of Nairobi River. 

Property owners claimed that they have been asked to part with millions of shillings for their buildings to be spared from the demolitions. 

Businessman Suresh Kantaria claimed that he had been asked to give a bribe or risk his business premises being demolished. 

"The demolitions that took place on Monday were meant to serve as a warning to those who have not paid the cash they are demanding. I am aware of four building owners who have paid millions in bribes," Kantaria claimed. 

The stretch has 12 business premises including go downs that are earmarked for demolition. 

Boniface Otieno who is employed in one of the business premises said the demolitions initially started on May 6 when a wall was brought down. 

"We thought the demolitions had stopped. Suddenly they came back today at around noon and started demolishing buildings," said Otieno.  

Nita Shet who owns a hardware in the area said they bought the land from the government in the 1970's and have a title deed. 

"In the 1970's this area was given for industrialisation as it was initially a jungle. The plots were divided and allocated. Whoever was interested bought the land," he said. 

Shet explained that at the time, there was no river or canal and a water tunnel was created because all the buildings have basements and needed to drain water. 

He said their buildings have not encroached on riparian reserve as there is no river in the area. 

The traders and property owners have since secured court orders stopping demolitions until the matter is heard and determined. 

Environment and Land Court Judge Mogeni Ann Jacqueline ordered status quo be maintained pending the hearing of the matter. 

The order was issued on May 9 and the matter is set for hearing on June 13, 2024. However, authorities on Monday proceeded with the demolitions, disregarding the court order. 

"It is sad and very unfortunate because we have stay orders yet people can still do this to you," Shet lamented. 

He said the area is not residential and does it pose any risks to people given the canal never floods. "There are streams, there are canals and there are rivers. Let us know the difference," he said. 

The traders are now appealing for talks with the government. 

Interior Cabinet Secretary Kithure Kindiki last month ordered demolition of structures on riparian reserves following flooding in Mathare where people had put up shanties on the riparian land. 

More than 15 people were killed in Mathare floods. 

Kantaria now claims some administrators were taking advantage of the the CS's order to extort property owners. 

He said they had been asked to give Sh1 million each in bribes for their buildings to be spared. 

"We have refused to give the bribes as demanded," he said. 

Prof Kindiki ordered demolition of all structures within 30 metres from the water bodies. 

"The government needs to analyse every individual cases before making a decision. It can not do a blanket 30 metres for everybody," Shet said. 

During the demolitions, criminals looted the premises as police officers kept vigil from a distance.