DO NOT DEMOLISH THESE HOUSES, COURT ORDERS STATE.

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Lawyer Philip Nyachoti for the Superior homes limited.

BY SAM ALFAN.

Elegant Homes built by Superior homes will not be demolished yet, court orders.

Justice George Odunga sitting in Machakos stopped the intended demolition of those houses worth million of shillings.

This is pending the hearing and determination of  the case.

Judge Odunga issued the orders following an urgent application filed by  Superior Homes, which claimed that  Water Resources Authority ordered the demolition of eight modern houses by tomorrow, June 21.

Lawyer Philip Nyachoti for the construction company said the enforcement order issued on May 31 2018 could not be complied with since the timeline was inadequate to ascertain the concreteness of the  boundary dispute.

“The judge said the intended demolition or removal of  residents is halted until the court makes its decision on the dispute between the  company and Warma.

The decision by the authority is illegal  and unlawful as its contravenes the applicant’s legitimate  expectation and is motivated by  extraneous purposes other than those recognized by the law, Mr Nyachoti claimed.

The water authority claims that  the  houses in question are on riparian land bordering the stony  River Athi, saying that the decision goes against Warma finding  contained in a letter dated 3 September 2013.

“The letter did confirm that the houses are outside boundaries of minimum and maximum distance allowance in respect of the  riparian land” the lawyer said.

He  informed the court that, it took the  applicant time to file the application for  judicial review as it had to engage independent surveyors  to ascertain the disputed boundaries who submitted their report on June 11.

The  court  heard that the respondent hold two contradicting findings over the suit property, in  which he applicant has built houses and sold to third parties.

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