The High court will on Friday visit Green Park Estate to ascertain alleged flooding caused by multimillion-shilling houses put up by Superior Homes in Athi River town.
The Water Resources Management Authority says the homes are on riparian reserve and should be demolished.
Justice Oscar Angote said after hearing evidence from witnesses and experts, the court will move to the site to assess the allegations by WRMA .
“The site visit will give the court opportunity to decide on the dispute between the parties before me," the judge said.
Owners whose houses have been threatened with demolition, experts who have given evidence and lawyers for the parties will be present.
A hydrological expert has ruled out the possibility of floods entering houses put up by Superior Homes in Machakos county.
Samuel Muriithi Kioni told Justice Angote the houses are not on riparian reserve as claimed by WRMA.
He testified that flooding in Green Park Estate was likely due to backwater caused by flow obstruction at the Mombasa Road bridge.
"The floods would have been of high magnitude at about 100 cubic meters," he said.
He told the judge no part of Green Park Estate is within the riparian reserve as demonstrated in a study.
He said after the study it was recommended that a dyke about 100 meters be constructed to control any possible flooding.
He gave his evidence in case where Superior Homes is challenging a notice by WARMA to demolish the houses on grounds that they are built on riparian reserve.
Justice George Odunga last year issued orders stopping the demolition following an urgent application filed by Superior Homes.
The company through lawyer Philip Nyachoti said the order issued on May 31, 2018 could not be complied with since time was inadequate to determine the boundary dispute.
The judge halted the intended demolition or removal of residents until the court made its decision on the dispute between the company and WRMA.
The lawyer told the judge that the decision by the authority was illegal as it contravened the applicant's legitimate expectation and was motivated by extraneous purposes other than those recognised by law.
