- The Court of Appeal has ruled in favour of Ngara Girls High School in a long-running dispute with Erdemann Property Limited.
- Judges ordered the suspension of operations at a cement batching plant on the school’s land and directed the developer to provide a KSh 23 million bank guarantee.
- The court affirmed the school’s right to a safe, healthy and conducive learning environment for its learners.
By Joseph Mambili
In a decision delivered on June 12, the appellate court upheld the school’s concerns, emphasising that learners at Ngara Girls are entitled to a safe, peaceful and healthy learning environment.
As part of the ruling, the developer was directed to compensate the school for damages incurred and provide security for the award through a bank guarantee of KSh 23 million within 45 days.
The court also ordered the immediate suspension of operations at the cement batching plant that had been established on the school’s property.
“The orders of stay are further subject to the applicant providing a bank guarantee in the sum of KSh 23,000,000 within forty-five (45) days from the date hereof,” part of the ruling stated.
Dispute Over School Land
The appellate decision arose from a protracted legal dispute linked to a three-year lease agreement between Ngara Girls High School and Erdemann Property Limited.
Court documents indicate that the company had been granted permission to occupy part of the school’s land for the temporary storage of construction materials associated with its River Estate Project.
However, the school’s Board of Management maintained that the company remained on the property after the lease expired on June 10, 2023, despite no extension or renewal being agreed upon.
According to the board, the developer exceeded the terms of the lease by transforming the site into an industrial area and installing a cement batching plant.
The school subsequently moved to the Environment and Land Court (ELC), arguing that the activities on the land were negatively affecting learning.
Environment Court Findings
In its judgment delivered on July 18, 2025, the Environment and Land Court strongly criticised the developer’s actions, finding that its continued occupation of the property violated the school’s constitutional rights.
The court further held that the use of the land interfered with learners’ rights to health and a clean and safe environment.
As a result, the ELC ordered Erdemann to remove all structures erected on the property within 60 days and restore the land to its original condition.
The court also awarded Ngara Girls KSh 23 million as compensation for trespass and infringement of constitutional rights.
A permanent injunction was issued preventing the developer from interfering with the school’s occupation and use of the property.
Appeal and Stay Application
In an attempt to halt both the demolition order and payment of damages, Erdemann sought a stay of execution before the Court of Appeal.
The company argued that its appeal raised important legal questions, including whether the Environment and Land Court had jurisdiction to hear the matter.
It further maintained that demolishing the structures before the appeal was determined would cause irreversible losses if the appeal ultimately succeeded.
The developer also expressed concern about recovering the KSh 23 million award should the judgment be overturned.
Conditions Set by Court of Appeal
A three-judge bench comprising Musinga (P), Mumbi Ngugi and Odunga JJ.A. agreed that demolition before the appeal is heard could substantially alter the subject matter of the case.
Although the judges granted a stay of execution, they attached strict conditions.
Among them was a requirement that the developer immediately cease operations at the cement batching plant located on the school grounds.
The judges observed that suspending the plant’s operations would address concerns relating to blasting, excessive noise and water pollution affecting the school community.
The court further directed the developer to provide a bank guarantee covering the entire KSh 23 million award within 45 days pending the determination of the appeal.
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