•The disputed licences include those issued by NEMA, Kenya Urban Roads Authority(KURA), and the energy Petroleum and Regulatory Authority.
•The disputed licences include those issued by NEMA, Kenya Urban Roads Authority(KURA), the energy Petroleum and Regulatory Authority,
Image: FILE
A welfare organization in Nairobi is demanding investigations into the rampant irregular state approvals for buildings in its neighbourhood despite other arms of the government ruling otherwise.
The Kyuna Neighbours Association (KNA) wants the EACC to dig into and unearth “the blatant irregular and unlawful licensing, approval of developments” within Kyuna, Westlands, and Nairobi county and possibly bring those behind it to book.
They say the licences are in stark contravention of several sections of city by-laws, the physical and Land Planning Act, Fair administrative actions, and, Environmental management and Coordination act, legal notices published in the Kenya Gazette and the constitution.
The disputed licences include those issued by NEMA, Kenya Urban Roads Authority(KURA), and the energy Petroleum and Regulatory Authority, which KNA says are compromising their safety and legitimate expectations.
KNA says in a complaint letter to EACC that the approvals undertaken violate several sections of the law including the guidelines of Nairobi City Development and Zones which specifies which the respective buildings and developments that can be undertaken in a given locality.
“We have variously lodged complaints against the unrestrained irregularly procured approvals for the change of user and architectural design for properties situated in the Kyuna area along Kyuna/ Shanzu Road,” Wilfred Lusi, a KNA’s lawyer states in the letter.
The letter is copied to the Director General, Nairobi Metropolitan Services (NMS) Lt General Mohammed Badi.
It states that despite lodging numerous complaints, “ we note irregular approvals continue to be issued constraining KNA to expend huge resources which it does not have, to challenge the licences.”
KNA through the lawyer said to date investigations that were concluded by the Planning Authority on two properties, LR7158/268 and LR 7158/269 have since admitted that the approvals were irregular.
The Nairobi Metropolitan Services concurred with the findings and through a letter dated January 17 2022 issued an enforcement order against the illegal approvals.
“We are yet to back hear on our other complaints despite the urgency and obvious effect of the irregular approvals on the environment and character of the neighbourhood,” Lusi said.
He said there has been evidence that still the unlawful approvals continue and has asked EACC to step in and restore sanity and the rule of law.
Recently, a tribunal, on the strength of revocation by NMS stopped the development of a petrol station, office blocks and the construction of apartments in the area.
Shanzu retreat Ltd also known as Sopa Town Houses, Dhiren’s Spa and salon and Maar Petroleum suffered the brunt of the irregular approvals after their investments were stopped.