ISK Raises Alarm Over Riparian Demolitions, Calls for Compensation and Legal Clarity in Nairobi Rivers Crackdown
By Gedion Nzyoki
- The Institution of Surveyors of Kenya has supported government efforts to restore and protect riparian ecosystems but raised concerns over how enforcement is being implemented on the ground
- The body warned that unclear and inconsistent legal and technical definitions of riparian boundaries have contributed to disputes, encroachment, and controversy surrounding demolitions in Nairobi
- ISK called for harmonized laws, strict adherence to due process, and a balanced approach that protects both environmental resources and constitutional property rights
Nairobi, Kenya | May 05, 2026 — The Institution of Surveyors of Kenya (ISK) has called for urgent legal clarity, strict adherence to due process, and clear compensation safeguards in the ongoing enforcement of riparian reserve regulations under the Nairobi Rivers Regeneration Project.
Speaking during a press briefing on Tuesday afternoon, led by ISK President Eric Nyadimo, the professional body expressed support for government efforts to restore degraded river ecosystems, mitigate flooding, and protect water bodies.
“ISK unequivocally supports the Government’s efforts to protect water bodies, restore riparian ecosystems, mitigate flooding, and promote sustainable environmental management in line with the Constitution of Kenya, 2010, and national environmental objectives. These efforts are both timely and necessary,” Nyadimo said.
However, it raised concerns over inconsistencies in the interpretation and enforcement of riparian reserve boundaries, warning that the current approach risks violating constitutional property rights.
“ISK, however, notes that effective management of riparian reserves in the country is hampered by, among other challenges, the multiplicity of statutes governing this area and different interpretations in the definition and measurement of riparian reserves. This has resulted in the encroachment on reserves by physical developments and settlements,” Nyadimo added.
The statement comes amid heightened demolitions of structures along river corridors, a move that has drawn mixed reactions from the public and stakeholders. Nairobi Governor Johnson Sakaja has defended the demolitions as necessary to reclaim encroached riparian land, but ISK cautioned against what it termed “unwarranted destruction of property.”
Legal and Technical Gaps in Riparian Definition
The body noted that one of the major challenges in managing riparian reserves in Kenya is the lack of harmonised legal and technical standards. The body pointed to inconsistencies in defining reserve widths, which vary between 6 and 30 metres, as well as differing reference points such as riverbanks, centre lines, and high-water marks.
According to the surveyors, this fragmentation has contributed to widespread encroachment, conflicting enforcement actions, and disputes between landowners, regulators, and developers.
“The absence of a unified framework has created uncertainty, resulting in economic losses and public distrust,” Nyadimo said.
Property Rights and Legal Interpretation
ISK also raised concern over what it described as a widespread misconception that riparian reserves automatically constitute public land. The body argued that the Constitution of Kenya, 2010 does not support forced acquisition of private land without due process.
Instead, ISK maintained that riparian reserves should be treated similarly to other controlled-use zones such as road reserves. While development may be restricted, ownership, in some cases, may still remain private.
The institution further emphasised that any deprivation of land rights must comply with Article 40 of the Constitution, which protects property ownership and requires compensation in cases of compulsory acquisition.
Compensation and Retroactive Application Concerns
ISK expressed particular concern over properties that were legally acquired and developed under previous legal frameworks, arguing that new or revised riparian definitions should not be applied retroactively.
“Where land was lawfully allocated, surveyed, and developed in good faith, any subsequent enforcement that results in loss of land constitutes compulsory acquisition,” the statement read.
The body insisted that in such cases, the government must follow due process, including valuation, issuance of notices, gazettement, and prompt compensation before any demolition is undertaken.
However, ISK clarified that illegally or fraudulently acquired land does not qualify for compensation and may be repossessed, provided that due legal procedures are followed.
The Broader Causes of Urban Flooding
While supporting environmental protection efforts, ISK argued that flooding in urban areas such as Nairobi cannot be addressed solely through riparian enforcement.
The body identified multiple contributing factors, including poor urban planning, blocked drainage systems, deforestation along riverbanks, and unregulated development. It also cited sudden water releases from private dams and excessive surface runoff caused by over-concretisation as key drivers of flooding.
To address these challenges, ISK recommended both short-term and long-term measures, including clearing drainage systems, enforcing zoning regulations, conducting aerial mapping, and integrating stormwater management into all development planning.
Call for Legal and Institutional Reforms
ISK urged the government to harmonise laws governing riparian reserves across key statutes, including the Survey Act, the Environmental Management and Coordination Act (EMCA), the Water Act, and the Land Act.
Among its proposals are the development of clear national guidelines on riparian boundaries, a review of outdated legislation, and the establishment of a coordinated framework for surveying and mapping all water bodies in Kenya.
The institution also called for strict adherence to due process, including public participation, fair administrative action, and access to courts for affected landowners.
Commitment to Sustainable Management
ISK concluded by reaffirming its willingness to work with government agencies, county authorities, and communities to ensure that riparian management is both environmentally sustainable and legally sound.
“Sustainable environmental management must not come at the expense of constitutional guarantees, professional integrity, or public confidence in land administration,” said ISK President Eric Nyadimo.
The statement adds a strong professional voice to the ongoing national debate on land use, environmental conservation, and property rights, as authorities continue efforts to reclaim and protect riparian reserves.
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