Nairobi Environment and Land Court has declined to halt the construction of residential flats on a disputed parcel of land claimed by the North Highridge Primary School in Parklands.

The ruling, delivered on Tuesday, January 20, 2026, favors Mandera Governor Mohamed Adan Khalif and Asili Hills Apartments, who are currently developing a multi-storey project on the site.

The school had moved to court seeking a temporary injunction to stop the construction, arguing that a portion of its land, originally measuring approximately 3.3 hectares, was being “grabbed” and excised illegally.

However, the court found that the school failed to meet the stringent legal threshold for such a stay.

Key reasons for the dismissal included, lack of Sufficient Proof, where the court noted that the school did not provide adequate title or ownership documentation to override the permits currently held by the developers.

Secondly the grounds of administrative approvals, where the court sitting in Nairobi noted that the project had already been cleared by several government bodies, including the National Construction Authority (NCA) and the National Environment Management Authority (NEMA).

On the third ground seeking to offer injunction, the judge ruled that at this stage, the school had not demonstrated a strong enough case that they would suffer “irreparable loss” that could not be compensated by damages later.

History of Encroachment

The dispute is part of a long-running battle over the school’s boundaries, which the Board of Management claims have been systematically whittled down since the 1990s.

The school, through lawyer Alfred Ndambiri, argued the land was granted to the Nairobi County Government in 1970 for educational purposes and that the current excision violates the rights of students to a conducive learning environment.

Through their advocates lawyer, Governor Khalif and the developers maintain that the acquisition was legal and that all necessary urban planning and excision procedures were followed by the Nairobi County Government and the National Land Commission.

The disputed development has reportedly led to the demolition of the principal’s residence and the removal of essential playing fields.