- They claim that the development is being undertaken in an area without Nairobi Water Sewer-line.
- They have argued that the building at City Park Drive has not been approved by Nairobi County's Urban Planning Committee.
Image: FILE
Residents of Parklands area have moved to court seeking orders to stop the development of a 16 storey residential apartment.
They have argued that the building at City Park Drive has not been approved by Nairobi County's Urban Planning Committee.
The residents and lawyer David Ndambiri, who are occupiers of properties along Taza Lane off City Park Drive, Parklands, claim that the construction on LR No.209/7549 is illegal.
They claim the development is irregular null and void, and therefore the buildings on site be brought down.
They want the court to direct the Nairobi county government to stop further construction of the building.
"An order of temporary injunction compelling the respondents to stop and enforce any further construction activities on LR No.209/7549 city park drive, parklands by the first to six interested parties”, they claim in court papers.
They further want an order that the costs of the demolition of the ongoing building and restoration of the site to its original condition be personally met by the respondents jointly or severally with the interested parties.
Through their association known as Taza Lane Residents Association, the residents have stated in their petition that the documents being used by the alleged owners/developers claiming that the development was approved by the then Nairobi Metropolitan Services, are forgeries.
The residents allege that the building is being erected by sustainable development solutions limited, Ali Ibrahim Hamamed and Ameey Homes Ltd.
The developers are alleged to be using documents which include a letter dated 10th September 2020 that purportedly gave authority to Ameey Homes Ltd to demolish the residential houses prior to excavation works in January 2021.
The letter and the alleged permission have since been disowned by the Urban Planning Committee, the residents argue.
The petitioners have further claimed that despite confirmation by the Urban County that the project was not approved, no steps have been taken to stop the ongoing construction and further, to order the owner/developer "restore the site to its original condition or as near to its original condition as it was before 1st September 2020".
In their affidavits, they claim that the development is being undertaken in an area without Nairobi Water Sewer-line thus exposing them to environmental hazards, now and in future.
The petition has named Lt. Gen. Mohamed Badi and other senior officers in the then NMS' Urban Planning Committee as respondents, including Stephen Gathuita Mwangi, Stephen Mwadime, Richard Mumo and Fredrick Ochanda.
Harambee SACCO Society Ltd, Sustainable Development Solutions Ltd, Ali Ibrahim Hamamed, Ameey Homes Ltd, Arch. Salim Komora, Eng. Wilson Lepartobiko and Koch Construction Co. Ltd are listed as Interested Parties.
Ruling on the petition will be made on May 25, 2023.