President Uhuru Kenyatta being taken through one of the completed standard gauge railway line one of his government capital projects.
BY THOMAS KARIUKI.
The High Court has temporarily stopped the construction of a section of the Standard Gauge Railway line within Mavoko Municipality in Machakos County.
Justice Solomon Okongo suspended the project following an application by local residents protesting alleged shoddy excavation processes.
Residents of Mavoko numbering about 21 told the court that the excavation process has damaged their houses and properties, leading to substantial losses.
Through their lawyer Bernard Chege, they told the court that the company’s method of excavating rocks was destructive.
The petitioners said that the company blasts rocks within a two kilometre radius of their residential houses, which infringes on their right to a safe and clean environment.
The applicants own properties along Makumbi road, Mlolongo in Syokimau area, about 150 metres from Mombasa-Nairobi Railway line.
“On 17 August 2015 the rock blasting was so intense that it caused massive vibration and tremor that resulted in damage of the properties,” the lawyer said.
Mr Chege further argues that residents’ right to have quiet possession of properties and safe and clean environment has been infringed.
The lawyer said that the activities of the company are contrary to the Environmental Management and Co-ordination on Noise and Excessive Vibration Population Control Regulation Act of 2009.
China Road and Bridges Construction Company Limited asked the court to allow it to appoint an independent structural engineer to carry out assessment of damage caused as a result of blasting activities, but the judge rejected the plea.
“I don’t see why this court should force the applicants to accept an independent engineer to carry out structural audit of the suit properties if they are satisfied with the audit which has been carried out by their own structural engineer,” the judge said.
The judge further observed that it is not in the public interest for a company to make excessive noise, cause illegal vibration, and damage to private property.
