OWNERS OF NEW MUTHAIGA SHOPPING MALL CONFIRM COMPLIANCE WITH NAIROBI COUNTY NOTICE.

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New Muthaiga Shopping Mall

BY SAM ALFAN.

The proprietors of Gemini Properties limited who owns New Muthaiga Shopping Mall have submitted approval plans of structures on LR No 209/9295 property situated at Thigiri Ridge road, have complied with the notice from the County Government.

The company in the application filed in the high court seeks confirmation from the director Planing and the County Government of its compliance to the notice dated 9 August 2018.

Gemini Properties lawyer  Okongo Omogeni, states that upon recipient of the notice from the  County Government to produce approved plans of the structure and occupational certificate on the suit property, the  same  were immediately forwarded to the office of director planing  and enforcement has demanded who has since not communicated to the  applicant.

The  said documents have been  in possession of the applicant( Gemini Properties ) and  were the subject matter of  civil suit and consent order recorded  before  Justice Mohamed Warsame  in 2011 giving effect that the defendants  shall not interfere with the plaintiff’s quite possession of the  suit property.

He says that this consent  order has never been set aside or appealed  against by the defendants  and the application before the court dated 15 August 2018 is meant to validate the same.

” The applicants have forwarded their  building approvals and  change  of user certificate to the respondents but there has been no official communication from the defendants” he contents.

Gemini Properties limited is the  registered owner of the  suit property with lease hold tenure from the Government  of Kenya for a term of 99 years commencing 1 January 1978, the lawyer notes.

Mr Omogeni says that on November 2011 the City  Council of Nairobi approved the  applicant’s plan, registration No ET 622 for  proposed commercial building and renewal to approved shops and offices, the  defendants can not turn against its decision and ask  what it had  approved.

That lately on 24 July 2017 the  County Government of Nairobi through its Urban Planing Department approved proposed  amendment to the previous plan, saying there is no claim in the enforcement notice or any evidence that the approval for  the  development plans were acquired through fraudulent means or are forgeries.

The lawyer argue that its appalling as to how the director for planning and compliance  reached  on the blatant decision  has contained in the enforcement notice, that the said structures in the suit property are illegally constructed without approval and that  occupation and use of the piece of land is also illegal for want of an  occupational certificate.

When the matter case up before vacation judge, Justice John Mativo, did direct the applicant to serve the all defendants and the same be mentioned on  18 September 2018 after the  high court resume from  vacation

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