Court bars developer from building residential houses in Parklands
The Environment and Land Court has made orders stopping development of residential houses along Taza Lane in Parklands following a petition by locals.
In the application filed by City Om Park Drive, the locals said that a developer who was putting up a high-end residential building along the lane did not follow due process before starting to build.
For a year now, locals have had hard time engaging with the developer who even ignored court orders that asked him to stop the development of the building.
In a ruling read by Justice Angote in the presence of lawyers representing more than ten parties, Justice Angote said 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,” said the Judge, adding that until a decision on the matter is made no development should go on.
Mr David Alfred Njeru Ndambiri and Mr Titus Kitonga in a petition seen by this reporter have also moved to court where they have sued a number of respondents who include; Nairobi Metropolitan Services (NMS), Nairobi City Council Government, L.T Gen Mohamed Badi, the office of the Attorney General, the National Environment Management Authority (NEMA) and the National Construction Authority (NCA).
The petitioners are the owners and residents of properties being house number G erected on the land along Taza Lane, City Park Drive in Parklands Area.
They said that in September 2020, unknown developers stormed the premises where they live and went ahead to demolish a 50-year-old house and this made them alert NCA.
NCA officers rushed to the scene and marked the area with a red ink saying that the demolition was illegal but the developers could raid the premises at night and go on with bringing it down.
According to the petition in January 2021, NCA still stopped the excavation of the property but the developers went on with their works.