MUTHAIGA-KARURA DISPUTE REVIVES QUESTIONS OVER NAIROBI’S LAND HISTORY
A dispute over 21.8 hectares between KFS and Muthaiga Golf Club has reopened questions about Karura Forest’s historical boundaries, Nairobi’s land records and the protection of the city’s green spaces.
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A dispute between the Kenya Forest Service (KFS) and Muthaiga Golf Club over a section of land associated with Karura Forest has reopened wider questions about Nairobi’s historical boundaries, land records and the protection of the capital’s remaining green spaces.
The dispute intensified after KFS moved into part of Muthaiga Golf Club, leading to the temporary closure of eight holes. KFS maintains that approximately 21.8 hectares occupied by the club form part of the gazetted Karura Forest, while the golf club disputes the claim.
At the centre of the disagreement are historical surveys, maps, titles and government records dating back to the colonial period. KFS says Karura was surveyed in the early 1920s, declared a forest reserve in 1932 and reaffirmed as a central forest through Legal Notice No. 174 of May 20, 1964. The agency argues that land referenced as LR No. 13134/3 extends into the gazetted forest.
The golf club, however, maintains that the disputed land belongs to it, bringing two competing versions of Nairobi’s land history into focus.
The disagreement is significant because establishing ownership cannot simply depend on which institution has occupied the land for the longest period. The original survey records, cadastral maps, deed plans, title documents and gazette notices will be important in determining how the boundaries evolved.
The dispute has also highlighted a broader problem in Nairobi: the city lacks a properly constituted municipal archive where residents can easily trace historical changes in land ownership, boundaries and planning. This makes it difficult to establish a clear public record when old land boundaries are contested.
Karura Forest itself has a long history of controversy. During the 1990s, parts of the forest were targeted for development, prompting strong resistance from environmental campaigners led by the late Nobel Peace Prize laureate Wangari Maathai. The campaign became one of Kenya’s most prominent environmental struggles and helped draw national attention to the protection of Karura.
The current dispute is therefore not simply about a golf course and a forest boundary. It has revived questions about how Nairobi's green spaces were created, altered and protected over time.
Under Kenya's land laws, a title deed alone does not necessarily settle a dispute where the legality of the original acquisition is challenged. Courts have held that where the root of a title is questioned, the holder may be required to demonstrate that the land was legally and procedurally acquired.
For the present dispute to be resolved, both sides will need to provide documentary evidence supporting their claims. KFS has been urged to make available historical documents, including the surveys and notices it relies on, while Muthaiga Golf Club would need to demonstrate the legal history of its parcel.
The Director of Surveys and the Chief Land Registrar could also play a crucial role by reconciling historical and current records and establishing whether the disputed area was ever lawfully removed from the forest or whether later surveys altered the boundaries.
Beyond the immediate dispute, the controversy has renewed calls for Nairobi's historical land records to be digitised and made more accessible to the public. Such records could help establish the changing boundaries of Karura and other important green spaces, including City Park, Nairobi Arboretum and Ngong Road Forest.
The outcome of the Muthaiga-Karura dispute could therefore have implications beyond the 21.8 hectares under contention. It could help clarify how historical land records should be used when determining the status of Nairobi's protected forests and other public spaces.
For now, the central question remains one of documentary evidence: which historical records accurately establish the boundary, and were any subsequent changes to that boundary legally made?
Until those records are fully reconciled, the Muthaiga-Karura dispute will continue to represent not only a contest over land, but also a debate over how Nairobi's past should be documented and preserved.
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Written by Anne Moses
Reporter and staff writer at Getembe News.
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