Majority of development projects associated with a certain community in Nairobi are being undertaken by companies whose some of the shareholders/directors are not Kenyan citizens. A good example is Sustainable Development Solutions Limited who are constructing humongours residential apartments along Taza Lane in the Parklands area. The property where the project is nearing completion is known as L.R. No. 209/7549. Investigations and due diligence conducted by prospective buyers of the units known as Highview Apartments being developed by Ameey Homes Ltd have revealed that the property is on freehold land registered in the name of Sustainable Development Solutions Ltd. Shareholders/Directors of this company as confirmed in a CR12 from the Company Registrar include one Abakare Mealan who is a foreigner from Ethiopia and is registered in Kenya under Alien ID No. A357875. This therefore means Sustainable Development is a foreign company and can not own freehold land in Kenya.
A search at the Lands Office using the title document bearing Sustainable Development’s name revealed that L.R. No. 209/7549 is freehold and not leasehold, and that the alleged transfer of the property from Harambee SACCO has been under investigations since the year 2018. Summons to those suspected to have information on this transaction are still alive.
Construction on this property was stopped following a Petition by neighbours but since the County Govt officers have refused to enforce the stop order, Petitioners have now applied to court that they personnally enforce the injunctive order by among others demolishing the structures, and recover the costs, expenses and damages from the County Officers, the developer/s and the professionals involved in the illegal development.