By John Toris
The Institution of Surveyors of Kenya (ISK) has warned that ongoing demolitions along riparian reserves may be unconstitutional, especially where property was legally acquired before current laws came into effect. Speaking at a press briefing this afternoon in Nairobi, ISK President Eric Nyadimo said many Kenyans have wrongly assumed that all riparian reserves are public land.
“Riparian reserves should be treated like other reserves, for example road reserves or game reserves,” Nyadimo said. He explained that in many cases, land bordering rivers was surveyed with the boundary at the centre of the river, and the reserve area was not necessarily public land. “The sanctity of title deeds and their boundaries must be respected,” he added.
The President cautioned against applying new reserve limits retroactively. He stated that where a landowner holds a valid title based on an approved survey plan, the State cannot later redefine the reserve and take away the land without compensation. “Any State action that results in loss of land or permanent deprivation of its use constitutes compulsory acquisition,” Nyadimo said. He called for prompt, full compensation before any demolitions.
ISK also blamed the current flooding crisis on poor planning, blocked drainages, and over-development, not just encroachment on reserves. Nyadimo urged the government to harmonise conflicting laws on setback distances and measurement points, and to ensure that only licensed surveyors map riparian reserves. He reiterated that demolition should be a last resort, after all legal and compensatory processes are exhausted.
