The Court of Appeal at Nairobi has delivered a ruling in a case between Erdemann Property Limited and the Board of Management of Ngara Girls High School, with the school emerging the winner.
In a court ruling delivered on June 12, the court stated that the students at Ngara Girls had a right to a safe, quiet, and clean learning environment.
Following the rulings, the developers were ordered to pay the Ngara Girls High School for the damages caused and to provide a bank guarantee for the full amount. 23,000,000 within 45 days to secure the school’s award.
In addition to paying the KSh 23 million, the developers were requested to cease operation of the cement batching plant with immediate effect.
“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 court ruling read.
Ngara Girls School Case against Erdemann Property Limited
The case ruling delivered on June 12 followed a legal battle stemming from a three-year lease agreement between the school and Erdemann Property Limited.
According to the court, the developer was permitted to use a portion of the school’s land to temporarily store building materials for its massive “River Estate Project” nearby.
However, according to the school, the developer did not vacate when the lease expired on June 10, 2023, despite there being no renewal of the agreement contract.
The Board of Management of the school argued that, instead of storing materials as per the agreement, the developers allegedly converted the site into an industrial processing zone by erecting a cement batching plant.
Ngara Girls Board of Management presented their case to the Environment and Land Court (ELC).
At the ELC, the board emphasized that the developer’s continued presence constituted illegal trespass and that the plant’s operations fundamentally disrupted learning.
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Court Rulings
The ELC, on July 18, 2025, issued an indictment of the developer’s conduct, declaring that the developer’s occupation violated the school’s constitutional right.
Further, the ELC noted that the occupation of the school property interfered with the students’ rights to health and a clean environment.
The trial court issued a mandatory injunction for the developers to demolish all structures on the land within 60 days and restore the property to its original state.
Additionally, the court awarded the school KSh. 23,000,000 in damages for trespass and the violation of various constitutional rights.
Erdemann was also handed a permanent injunction barring it from any further interference with the school’s possession of the land.
However, seeking to stop the demolition and the multi-million shilling payment, Erdemann moved to the Court of Appeal for a stay of execution.
Moreover, the developer argued that its appeal was arguable, suggesting the ELC lacked jurisdiction.
Erdemann further contended that if the demolition proceeded and its appeal eventually succeeded, the loss would be irreversible.
In addition, the were concerns regarding the recovery of the KSh. 23 million, claiming public schools in Kenya face a funding crisis that would make a refund improbable if the award were overturned on appeal.
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The Court of Appeal’s Intervention
A three-judge bench comprising Musinga (P), Mumbi Ngugi, and Odunga, JJ.A., acknowledged that the subject matter of the appeal would be fundamentally altered if demolition took place before the appeal was heard.
While granting the stay of execution, the judges made it strictly conditional, ordering that the developer immediately cease all operations of the cement batching plant.
The cessation of the operations aimed at stopping the blasting, noisy emissions, and water pollution that were harming the school.
Further, the developer was to provide a bank guarantee for the full KSh. 23,000,000 within 45 days to secure the school’s award.
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