DEVELOPER SUED OVER CONSTRUCTION OF PARKLANDS BUILDING.

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BY SAM ALFAN.

Veteran lawyer and residents of Parklands area have sued a private developer who is constructing a commercial building on Taza Lane.

Lawyers David Ndambiri and residents want the High Court to temporarily direct the Nairobi County Government to stop further construction on LR No. 209/7549 city Park drive, parklands.

The building is being erected by Sustainable Development Solutions ltd, Ali Ibrahim Hammed and Ameey Homes ltd.

“An order of temporary injunction compelling 1st,2nd,3rd,4th,5th,6th and 7th respondent jointly and severally to stop and enforce any further construction activities on LR No. 209/7549 city Park drive, parklands by the 1st, 2nd, 3rd, 4th and 5th interested parties, their agents and/or servants or any other person,” the petition reads.

The petitioners also argued that as residents of Taza Lane and the general public, they have a right to access information on the development being undertaken on disputed plot.

It is there argument that documents and approvals used by the developer did not originate from the county government office.

The documents include a letter dated 10th September 2020 authorizing Ameey Homes Limited to carry out demolition works on the plot, notification approval of development permission submitted for approval on 8th January 2019 and approved on 17th September 2020, construction permit over plan reg. No CPF_AU 165 dated 15th October 2020, Construction permit invoice, Copy of architectural drawing by Solcohm Studios with Reg. No. CPF AU 165 alleged to be approved on 15th October 2020.

In the petition, the residents claim that approvals and the resultant construction or development is illegal, irregular null and void, from the word go.

They further want the court to compel county government and the developer to demolish the building and structures within 90 days and to restore the site to its original condition or as it was before September 2020.

The residents allege that the county physical and land use planning liaison committee, other courts and tribunals, have refused to allow them access the approvals.

According to the residents, the construction and development of unknown number of residential apartments and other facilities on the subject property has negatively affected and will continue to negatively affect the physical and natural environment of the area near or adjacent area.

They said the massive building has caused environmental damage and injury of immeasurable value to their neighborhood and community and the general public and if allowed to continue to completion, the resultant increases in residential population will cause congestion along Taza lane.

“The ongoing construction has caused damage to the existing private septic tunnels and pipes with waste including toilet and bathroom effluents already overflowing from manholes. The waste will soon start draining to Mathare River which is less than sixty metres from the construction site,” residents told the court.

They further told the court that the on-going construction is being undertaken in such a haphazard manner and there is every indication that resident and general public’s safety and security are at grave risk.

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