BY SAM ALFAN.
Nairobi County Secretary Patrick Akivaga has been ordered to appear before a judge for sentencing for disobeying a court order directing them to stop the construction of a building in Parklands.
Also directed to appear before the Environment and Land court judge Oscar Angote is the Stella Nyamu, the secretary of sustainable development solutions, county officials Stephen Mwangi, Ruchard Mumo anf Frederick Ochanda.
The officials were found guilty of contempt of court.
Others found guilty include Ali Ibrahim Mohamed and Yusuf Asker Mohamed (director and shareholders of Ameey Homes Limited) Arch. Salim Komora, Engineer Wilson Lepartobiko and Burash Koch of Koch constructions Limited.
The court found them guilty of contempt for refusing, failing or neglecting to obey the court orders issued in May last year
Lawyer Alfred Ndambiri and Titus Gitonga who are residents of Parklands filed an application seeking to hold them in contempt of court after failing to stop the construction.
The property is being developed by Harambee Sacco Cooperative Society and sustainable Development solutions limited.
The lawyers argued that despite the parties being served with the said order and penal notice, they have personally, jointly or severally refused, failed and neglected to obey the court order by stopping and enforcing any further development on the suit property.
The petitioners argued that further development and construction on the suit property has been and continues being undertaken by the developers, including the construction of another level and partitioning the building structure into various residential apartments, units and other facilities.
Ndambiri told the court that on 5th June last year, at about 2pm, officers from Nairobi County Government visited the development site and failed to stop the ongoing construction work.
Neither did they enforce the court order against the persons undertaking the injected activities, the court heard.
Instead of the county government abetting the developers to continue with the construction activities on the suit properties further infringing and violating the petitioners’ rights and fundamental freedom to a clean and healthy environment.
They argued that the construction and development activities are being undertaken without the presence of a licenced contractor, architect and a surveyor leading to massive damages to properties nearby.
