Owners of the Ukay Centre that houses Nakumatt in Westlands now wants the court to stop Nema from demolishing their building worth Sh900 million.
The developers, in a certificate of urgency filed on Wednesday at the Milimani law court, wants the court to issue conservatory orders barring the state from demolishing the building.
They want the orders issued pending the hearing and determination of the petition they have filed against the plan.
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The property owners have sued the Nairobi City County, Nema, Water Resource Management Authority, NYS, and the AG.
"...seeking conservatory orders to restrain the respondents herein by themselves, agents, servants or employees or any other government department, local authority, statutory body or agency from alienating, demolishing or in any manner interfering with the petitioner's quiet possession of their property commonly known as Ukay Center," the application states.
The move came a day after Nema demolished the multi-billion shilling Southend Mall on Langata Road for being on riparian reserve.
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Through their lawyer Greg Karungo, Ukay owners claim that the county government
duly approved the construction of their premises in 1994.
Ukay says this was done on the basis of building plans which were submitted, the same was approved on July 16 of the same year.
"The petitioner has a legitimate expectation that any buildings located on its property are properly and legally thereon."
"Nairobi City county having authorised the construction, it should be stopped from claiming otherwise and any other subsequent laws which purport to change the definition of a riparian section after the construction offends our legitimate expectation that he would enjoy quiet possession of the property," the court papers read.
Karungo says that his clients received a letter dated July 6 which demanded the demolition of part of their property on the basis that it is purported to sit on a riparian reserve.
"The impugned letter of July 6 was issued illegally as only Nema has the authority to determine, after following due process and procedure, whether any property falls on a riparian section," they claimed.
In an affidavit, Bismillah Shah - Ukay managing director says he fears that the property is in imminent danger of illegal demolition by the Nairobi regeneration task force.
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