BY NT CORRESPONDENT.
Nairobi County has asked the court to set aside an order barring the demolition of a building developed next to the US Embassy.
The county argued that the building was constructed without proper procedure as provided by the County laws.
Through lawyer Harrison Kinyanjui,the County told Justice Benard Eboso the property on LR Nairobi/293 was constructed by the proprietors without invoking the dispute resolution mechanism prescribed by Parliament under section 15 and 38 of the Physical Planning Act.
It is his argument that the court issued on 6 March 2018 in favor of WhiteHouse Investment limited based on total misrepresentation which ought to be discharged.
Mr Kinyanjui said the applicant’s claim is based on an illegality which the court cannot aid or protect an illegality.
” There is nothing to demonstrate that the County’s action to issue the Enforcement notice to directors of the company amounts to an an illegality it exceeded its authority” the lawyer said.
Similarly it is alleged that there was no compliance with the Physical Planning Act in respect of the impugned developments by the applicant necessitating the court’s invocation of the law to stop an illegality.
The lawyer told the court that there was no public participation and consultation with proprietors of the contiguous properties was sought in violation of both the Physical Planning Act and the National Environmental Management Authority Act, thus rendering any subsequent development unlawful.
According to the lawyer there was no approvals from the County Government to develop the suit property, saying if it was is irregular and have since been revoked.
The purported development approvals dated 26 July 2016 is null and void without taking the objections raised by the affected parties.
However the applicant through lawyer Githinji Marete, said that the suit property was approved by the County after paying inspection fees of Sh 2.9 million.
All procedures were followed before construction work commenced, the County government cannot now deny its documents over the contested approvals.
The court will deliver its judgement on 11 November 2018.
