BY SAM ALFAN.
The High Court has extended orders stopping Nairobi County Government from approving or processing any new developments in Parklands area.
Environment and Land court Judge Anne Amollo restraining the Nairobi County government from approving the developments following a petition by Parklands Residents Association.
The court order stopped the county Director of Physical Planning and Land use planning, county committee on physical land use from considering any application or processing any application for development permission on properties located in Parklands
The court issued a conservatory order stopping any developments on Parklands Road, Ojijo Road, Prof. Wangari Mathai Road, part of Murang’a Road, the edges of Mathare River past Limuru Road and to the edges of the Gitathuru River.
The order further prohibited development near Deep Sea Slum Area, Eldama Ravine Road, Ring Road Parklands, pending hearing and determination of the case.
Judge Omollo directed the order to be published in the newspaper.
The association through its representatives Kamalkumar Rajnikant Sanghani, Jags Kaur and Teddy Obiero filed the case seeking to stop the ongoing developments.
The residents claimed that 106 properties were upcoming.
They submitted through their lawyer Ndambiri that the county government had deliberately and knowingly refused to perform their statutory duties and mandates as required by law.
These include the failure to constitute a County Physical and Land use Consultative Forum, initiate preparation, development and publication of County Physical.
The lawyer said the county has also failed to constitute a forum on land use development Plan and initiate preparation, development and publication of Local Physical and Land use Development Plan for Parklands Area.
It was their argument that the county government has been granting and issuing illegal and irregular development permissions to property owners and developers in the Area.
The beneficiaries, they said, have been obtaining irregular and un-procedural permissions to undertake development activities that have, and continue breaching, violating, infringing or threatening their rights and those of the general public.
“Nairobi county government and physical and planning committee have also knowingly and deliberately refused to stop and halt the illegal and irregular developments in the area, despite the obvious powers provided under PLUPA 2019 and the Regulations thereat in respect to control of land use and planning,” the lawyer submitted.
According to the residents, the Parklands Area which boasts of rich community history, natural heritage and natural resources, is now threatened by people and persons who have, and continue undertaking what they call ‘development and urbanization’ projects.
The developers have been demolishing decades’ old residential houses in the area, cutting and felling trees and other flora, including trees at City Park Forest and along the riparian of the rivers in the area.
The developers have been constructing high-rise buildings (of even up to 30 levels) for proposed residential and commercial use including on the riparian of the rivers passing through the area.
In the process, the residents said the developments have resulted in congesting and blocking water and sewer disposal systems leading to toilet and bathroom effluents finding their way to the rivers and streams in the area.
The residents cited Mathare and Kibagare Rivers, which have been polluted as a result of construction of high-rise buildings for residential and commercial use.
They further said the construction was in breach and in violation of the Building Regulations 2021, trespassing and constructing on roads, streets, avenues, lanes and footpaths in the Area, and also obstructing and limiting vehicular and pedestrian movement along the said roads, streets and avenues.
“The development and construction has damaged and destroyed roads, streets avenues and lanes in the Area, causing unnecessary traffic jams, and also flooding any time the skies open construction has also destroyed, damaged and adversely interfered with, and continue interfering with water supply and sewer disposal systems and networks in the Area,” the residents said.
They also claimed that several parts of public land has been grabbed, or is targeted for grabbing for development of humongous high-rise buildings.
They argue that development and urbanization being undertaken in the Area, including on properties known as L.R. No. 1870/1/470, Nairobi/Block 37/283 (former 209/22334), 209/3422, 209/3423, 209/994/2, 209/51/14, Nairobi/Block 35/136, 209/4344/4, 209/107/5, 1870/1/54, 209/3438, Nairobi/Block 35/876, 209/1192/11, 209/1192/10, 209/23/2, Nairobi/Block 35/876, 209/3008/11, 209/21520, 209/19003, 209/3438, 209/1221/4, 209/10/9, 209/4/7, 209/3008/8, 209/1/9, 209/101/1, 209/101/3, 209/101/10 209/101/11 among others was in breach and in violation of Articles of the Constitution including Article 42, and also in breach and in violation of the provisions of the Physical and Land Use Planning Act 2019 and the Regulations made thereat.
“We have in the petition raised very fundamental issues in respect to rights and fundamental freedom and the law on physical and land use vi-a-vis the development and development activities that are being undertaken in the Area,” the petition stated.
The developments are not only illegal and irregular for their failure to be undertaken in accordance and in compliance with the provisions of PLUPA 2019, but also because they have caused, and continue causing loss of urban scale, historic quality, ecology, environmental quality, virtue quality, built heritage and land-use compatibility.
“The activities are deleterious to the environment, and have and will continue breaching, denying and violating the Petitioners/Applicants and the general publics’ right to a clean and healthy environment,” the residents said.
According to them, numerous efforts by the residents to reach out, plead, beg and ultimately demand that the county Government selflessly provide services as public officers based solely on the public interest and demonstrated by honesty in the execution of public duties, but the efforts and demands have been rebuffed and ignored.
“The Court has Constitutional and legal jurisdiction and authority to make such orders, issue such writs or give such directions as it may deem appropriate to stop, halt and discontinue any denial, violation, infringement or threatened denial, violation or infringement of the applicants and the general publics’ right to a clean and healthy environment,” the residents added.
