BY SAM ALFAN.
The Construction of Phenom Park Estate waste in Lang’ata has been temporarily stopped by the High Court.
This is after the residents sued Chigwell Holdings ltd, seeking to stop the company from proceeding with phase 4 of the project, alleging that lack of playing areas and clean water continue to expose them to risks.
According to documents filed in court they claim that the developer promised clean borehole water and designated playing areas for each of the phases of the property, but the promise has never been fulfilled.
It is their argument that proceeding with the intended development of Phase 4 of the estate, without providing the designated play areas and alternative source of clean water, will violate their rights.
The residents have sued the company, Nairobi County government and National Environment Management Authority (Nema).
“The continued failure to provide designated play areas continue to gravely expose their children to danger noting that the children will be at home until January 2021. The lack of clean water poses a danger to the health and livelihoods of all families and entire households within Phenom Park Estate,” reads the petition filed under certificate of urgency.
The petition stated that there are no designated areas for children to play for phases 1,2 and 3, forcing the children to play on the roads and car park, risking their lives.
“At the approval stage, the developer stated that the source of water would be a borehole, but it has turned out to be toxic and exposes the residents to adverse health risks. It is therefore important that this matter is urgently addressed before embarking on the construction of Phase 4, which will expose more people to danger,” Erick Otieno, the chairperson of the residents committee said.
The estate, which was constructed in 2014 in Lang’ata sub-county, comprises 214 townhouses. The project was undertaken in three phases, which were completed and occupied. The developer had now embarked on phase 4 of the project.
But the residents want the court to issue an injunction, stopping the construction, pending the determination of the case.
“That the failure by the respondent to honour the promise of providing designated play areas for children is actually a violation of constitutional rights of children as guaranteed under Sections 4 and 17 of the Children’s Act,” Otieno added.
He said the failure by the developer to provide the play areas is disregarding the welfare of the children is a violation of their right to play, leisure and recreational activities. The omission by the company, he said is not in the best interest of the children living within Phenom Park Estate.
“At the purchase point, we were guaranteed clean and safe water from the borehole which made the purchase price to be higher than the market rate however, the water has turned out to be unclean and unsafe for human consumption,” he said in an affidavit.
Further the residents said they took samples of the borehole water for testing at Crop Nutrition Laboratory Services ltd and a report issued showed very high concentration of fluorides, bicarbonate and sodium, hence not fit for human consumption and use.
They said they fear that high intake of fluoride might lead to discoloration of teeth, hardening of bones, which increases risk of fractures.
“The high levels of sodium leads to high blood pressure, hypertension, persistent dehydration and kidney failure,” he said in a sworn statement.
It is their contention they have a right to clean safe water, in adequate quantities and the failure to provide the same is a violation of their rights.
Otieno said despite numerous complaints, the developer has done nothing to remedy the situation, thereby exposing them to serious health hazards.
He added that they have held several meetings with the company for alternative source of water and the playgrounds for children but the developer has downplayed it.
