City Park residents in Parklands, Nairobi have moved to court to petition a private developer who is constructing a high density commercial flat in the area without approval from the construction authority.
Through their, advocate J. Thongori & Co. Advocates, the residents have sued Kaku Singh alias Sokhi and the Nairobi County Government.
They accused Mr Singh of starting a construction in breach of clear directions from the National Construction Authority and the Nairobi City Water and Sewerage Company.
They argued that unless he is restrained, he intends to proceed regardless of their concerns.
The residents state that in November 2022, Mr Singh who is mentioned as the first respondent together with his agents commenced developments on suit premises along Mwambao lane by demolishing a single residential house on the piece of land on and other structures and thereon cutting down indigenious trees and other flora.
They say the respondent commenced construction without having obtained development permission from CECM-Built Environment and Urban Planning.
The three Toshike Construction Company Limited, Danns Jungle Investments and Wokabi Mwago want the Environmental and Lands Court to grant orders stopping works at the site as the developer has blatantly ignored directions from the NCA to stop the construction.
“Pending hearing and determination of this application, this Court issue temporary orders of injunction restraining the 1st respondent and his agents/developers from undertaking any development activities on L.R. No. 209/5665/2 Mwamba Lane off Limuru Road in Parklands,” said lawyer Thongori
The residents say the construction is hazardous in nature and continues to expose their lives and those of their families and neighbors in danger since the suit premises and theirs share a common boundary.
They say should construction continue unabatted they will suffer irreparable damage as there is likelihood even their houses might collapse and cave in as they share a common boundary.
In a sworn affidavit filed along with the petition, David Alfred Ndambiri, a director at DANNS Jungle Investments, and also a resident in the area says he raised alarm to various authorities after noticing suspicious activities being undertaken in the said land and had officials from different agencies visit the premise and had inspections conducted
“On 16th January 2023, I notified the National Construction Authority of the ongoing developments and requested them to immediately act. The very same day, NCA officers visited the suit premises and found it was non-compliant with the law and immediately issued a suspension notice,” said Mr Ndambiri. However, at the time of going to press on this article, our desk confirmed no action was taken and works were still going on in the premises.
