The Environment and Land Court has made orders in an application filed by City Om Park Drive, Parkland’s residents stopping development of high-end residential houses by monied developers.
In a ruling read by Justice Angote in the presence of lawyers representing more than ten parties, Justice Angote who is the president of the ELC courts stated that the court is satisfied that that the Applicants in the Petition that was filed in 2022 had established a prima facie case against the Respondents.
“Consequently the court orders that an interlocutory order of injunction be and is hereby made that the Respondents jointly and severally stop and enforce orders stopping the Interested Parties from undertaking any further development on L.R. No. 209/7549 Taza Lane pending the hearing and determination of the Petition,” Justice Angote stated in his ruling.
The Respondents in the Petition are Nairobi City County led by S.G. Mwangi, the CECM-Built Environment and Land Use Planning Sector at City Hall while the Interested Parties include Harambee SACCO, Sustainable Development Solutions Ltd, Ameey Homes Ltd, Arch Salim Komora and Eng. Wilson Lekotorbiko.
In the Petition, the residents are asking the ELC Court to order demolition of the 16 floor residential apartment building along Taza Lane in the Parklands area which has been constructed using forged approval documents and in an area without a sewer line.
Toilet and bathroom waste is being directed to the nearby Mathare River opposite Muthaiga Estate.
Many more buildings are being put up in the area and several similar petitions are to be filed against owners and developers who are violating the citizens’ rights and fundamental freedom to a clean and healthy environment.
