NAIVASHA, Kenya – The Environment and Land Court in Naivasha has issued conservatory orders suspending the construction of more than 1,000 affordable housing units on land originally reserved for a public stadium, delivering a major blow to a multi-million-shilling government housing project.
In a ruling delivered on Tuesday, Justice Mary Oundo barred any further construction or activity on the disputed 27-acre parcel—popularly known as Naivasha Stadium land—pending the hearing and determination of a constitutional petition challenging the project’s legality.
The land, located off the Nairobi–Nakuru highway, was donated in 1996 by the Delamere family to the then Naivasha Municipal Council strictly for the development of a sports complex to serve the local community.
“Pending the hearing and determination of the petition, conservatory orders are hereby issued stopping the respondents, their agents or representatives from entering or in any way interfering with the parcel of land known as Naivasha Stadium,” Justice Oundo ordered.
The judge further directed the respondents—including the Attorney General, the National Land Commission, the Ministry of Lands, the State Department for Housing and the Nakuru County Government—to file and serve their responses within 14 days.
The petition was filed by Naivasha resident Davis Kamau Njuguna, who argues that the conversion of the stadium land into an affordable housing project is unlawful, unconstitutional and violates the conditions under which the land was donated.
According to the petition, the land was set aside exclusively for public recreational use and cannot be repurposed without broad public participation and adherence to planning laws.
Njuguna contends that residents were neither consulted nor involved in the decision, denying them their constitutional right to participate in matters affecting public land.
He further argues that the project amounts to an illegal appropriation of public land, breaches zoning regulations and offends the public trust doctrine.
“The conversion of the stadium land without adequate consultation undermines community interests and defeats the original purpose for which the land was donated,” the petition states.
Speaking after the ruling, former Lakeview MCA Simon Wanyoike questioned the rationale behind allocating the stadium land to an affordable housing project, noting that the Delamere family’s intentions were explicit at the time of donation.
Wanyoike recalled that residents had previously gone to court and successfully blocked attempts by former municipal officials to irregularly subdivide the same land.
“After residents won that case, it is shocking that the county has again turned around and allocated the land for affordable housing. We will continue pursuing legal redress to protect this public asset,” he said.
The case will now proceed to a full hearing, where the court will determine the legality of the housing project and the future of the disputed land, which residents say remains critical for sports and recreation in the fast-growing town.
