Grace Wambui Kibira, a 94-year-old woman, is in the middle of a legal battle with the government over the demolition of her property near Moi Airbase in Nairobi.
In a case that has now reached the Court of Appeal, the State Law Office has been granted leave to file an appeal out of time, prolonging Wambui’s quest for justice.
The dispute began after the Ministry of Defence demolished buildings on Wambui’s land, LR 209/7259/217, claiming they were in violation of aviation regulations.
According to a court document seen by The Kenya Times, the ministry argued that the buildings posed a threat as they were within the flight path of the airbase and contravened the Kenya Civil Aviation Act and International Civil Aviation Organization standards.
“The applicant asserts that the suit property is in close proximity to Moi Airbase and is therefore a security installation,” argued the Ministry of Defence.
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However, in a landmark ruling delivered on November 22, 2023, the Environment and Land Court found in Wambui’s favor and awarded her compensation.
Justice Mogeni ruled that the Ministry acted unlawfully by demolishing her buildings, despite Wambui having received construction approvals from the defunct Nairobi City Council.
Consequently, the government filed a notice of appeal on November 29, 2023, but failed to file the full appeal within the 60-day statutory window, citing delays in internal consultations between the Attorney General’s office and the Ministry of Defence.
In a ruling dated July 18, 2025, Justice Joel Ngugi allowed the government’s application to file the appeal out of time.
Although the judge criticized the State’s delay, stating that it was not particularly compelling, he ruled that the issues raised, such as aviation safety versus private property rights, were of weighty constitutional and regulatory importance deserving scrutiny by the appellate court.
“We are persuaded that the intended appeal raises arguable issues, including the question of public interest and security considerations in proximity to military installations,” stated the judge.
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Judge Allows Late Appeal from Defence Ministry
The respondent, Wambui, had argued against extending the time, saying the prolonged case was taking a toll on her due to her advanced age.
Also, she asked the court to respect her legitimate expectation that the case had concluded.
“Her prejudice will be extreme given that she is quite elderly at 94 years of age,” her lawyer submitted.
Wambui’s legal team further dismissed the State’s appeal as frivolous, arguing that she followed all legal procedures during the development of the land and had council approvals to prove it.
Despite this, Justice Ngugi stated that while the delay was around four months, it was not so inordinate as to be automatically disqualifying.
He noted that Wambui’s age and health could be accommodated through an expedited appeal hearing.
“We note the respondent’s advanced age and the fact that she claims to have been in occupation for several decades, a matter that should be fully ventilated before any eviction is enforced.”
The court directed the State to file its appeal within 14 days, with costs to be determined after the main appeal is concluded.
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