- Justice Angote who is the President of the ELC courts stated that the court is satisfied that the Applicants in the Petition that was filed in 2022 had established a prima facie case against the Respondents.
A Nairobi court has temporarily stopped further construction of a multi-million building along City Park Drive in Parklands, in Nairobi.
This is after residents filed an application seeking to stop the construction of the building over breach of the law.
In a ruling read by Justice Angote in the presence of lawyers representing more than ten parties, Justice Angote who is the President of the Environment and Lands Court (ELC) stated that it is satisfied that the Applicants in the Petition, filed in 2022, had established a prima facie case against the Respondents.
"Consequently the court ordered that an interlocutory order of injunction be and is hereby made that the Respondents jointly and severally stop and enforce orders stopping the Interested Parties from undertaking any further development on L.R. No. 209/7549 Taza Lane pending the hearing and determination of the Petition".
The Respondents in the Petition are Nairobi City County led by S.G. Mwangi and the CECM-Built Environment and Land Use Planning Sector.
In the Petition, the residents are asking the ELC to order the demolition of the 16-storey residential apartment along Taza Lane in the Parklands area which they allege failed to follow the laid down standards as per the law.
Many more buildings are being put up in the area and several similar petitions are to be filed against owners and developers who are believed to be violating the citizens' right and fundamental freedom to a clean and healthy environment.