Residents and occupiers of properties along Taza Lane off City Park Drive, Parklands have filed a petition at the Environment & Land Court seeking declaratory orders on an ongoing construction along Taza Lane, Parklands.
The residents are seeking court intervention on the matter that the development of a 16 storey residential apartment on L.R. No. 209/7549 City Park Drive, which was not approved by the Nairobi County’s Urban Planning Committee be considered illegal, irregular, null and void, and therefore the building on site be brought down.
Through their association known as Taza Lane Residents Association, they have stated in their petition that the documents being used by the alleged developer claiming that the development was approved by the then Nairobi Metropolitan Services are all forgeries.
The documents include a letter dated 10th September 2020 that purported to have given authority to Ameey Homes Limited to demolish the residential houses prior to excavation works in January 2021. The letter and the alleged permission have since been dis-owned by the Urbal Planning Committee.
The petition has named Lt. Gen. Mohamed Badi and other senior officers in the then NMS’ Urban Planning Committee as Respondents, including Stephen Gathuita Mwangi, Stephen Mwadime, Richard Mumo and Fredrick Ochanda as persons of interest in the matter.
The petitioners have further told the court that despite confirmation by the Urban County that the project was not approved and that no steps have been taken to stop the ongoing construction.
Through their legal representative Wageni and Co. Advocates, the residents are further seeking an order that the developer restore the site to its original condition or as near to its original condition as it was before 1st September 2020″.
The petitioners have also informed court through affidavits that the development is being undertaken in an area without Nairobi Water Sewerline thus exposing them to environmental hazards, now and in future.
The petitioners have named Harambee SACCO Society Ltd, Sustainable Development Solutions Ltd, Ali Ibrahim Hamamed, Ameey Homes Ltd, Arch. Salim Komora, Eng. Wilson Lepartobiko and Koch Construction Co. Ltd as Interested Parties.
The residents are also said to be seeking for an order that the costs of the demolition of the ongoing building and restoration of the site to its original condition be personally met by the respondents either as individuals or a whole with the interested parties.
In the petition to the Environmental Court, the residents say they are aware of March 2022 order by the National Environmental Management Authority to have the developer stop further construction with regards to dust pollution, falling debris and encroachment on neighboring properties, a matter they say has not been acted upon.
A ruling on the petition will be made on 25th May 2023.