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Former NMS Chief dragged into legal battle over Parklands building

Former Nairobi Metropolitan Service (NMS) head, Maj-Gen Mohammed Badi, and Nairobi County Secretary, Mr Patrick Analo Akivaga, have become embroiled in a legal dispute, facing accusations of contempt of court.

Accusations extend to them and their counterparts, including the current Nairobi County CEC for Built Environment and Urban Planning, Mr Stephen Gathuita Mwangi, as well as three other officials within his department.

They are alleged to have permitted the construction of a 16-story building along Taza Lane in Parklands, Westlands Sub-County, to proceed despite a court order halting any activity at the site.

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A Google map satellite vie of the Taza Lane area.


The additional three officials implicated are Mr Stephen Mwadime, Mr Richard Mumo, and Mr Fredrick Ochanda.

The court records reveal that the parties involved include Harambee Sacco and Cooperatives, Sustainable Development Solutions Limited, Ali Ibrahim Hamamed, Ameey Homes Limited, Arch Salim Komora, Engineer Wilson Lepartobiko, and Koch Construction Limited.

Nairobi News has obtained court documents disclosing that on June 22, 2022, two petitioners, Mr David Alfred Njeru Ndambiri and Mr Titus Kitonga, filed a petition through their legal representatives, Wageni Advocates.

They sought orders to halt the construction of the multi-million building until the case is fully heard and adjudicated.

The developers of the building are accused in the petition of fabricating documents falsely claiming NMS authorization.

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This led to the destruction of trees on the premises and the commencement of construction. Documents in possession indicate that the developers provided a letter dated September 10, 2022, claiming permission for demolition and a payment of Sh10,000.

However, in a letter dated April 27, 2022, sent to the petitioners’ advocates, NMS affirmed having granted the architectural plans permit but denied issuing a demolition permit.

“Authority is hereby granted to carry out the above mentioned demolition works on the referenced plot subject to you having received consent for the same from the landlord,” the letter penned from the Nairobi City County to Hameey Homes reads in part.

They clarified that the September 10, 2020 demolition permit did not originate from NMS.

“We approved architectural plans for the building for the development on the plot and that demolition permit dated September 10, 2020 did not originate from NMS and neither was issued with authority from NMS,” the letter from NMS to the lawyers read in part.

Furthermore, the developers displayed Arch Steve Gome’s name on a billboard as the approver of the drawings. Yet, in a communication to the Registrar Board of Registration of Architects and Quantity Surveyors, Mr Gome disassociated himself from the deal.

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This is after the board reached out to him, making inquiries on his involvement in the development of the building, which had already attracted a court case.

Nairobi News is in possession of court documents that reveal that on May 25, 2023, the court ordered Mr Badi and the rest to ensure that they stop further development of the land.

“That an order of temporary injunction be and is hereby given compelling the respondents jointly and severally to stop and enforce further development on L.R number 209/7549 City Park Drive, Parklands by the first to the fifth interested parties, their agents and or servants or any other person pending the hearing and determination of the petition,” Justice O. A. Angote ordered.

Giving the orders, Justice Angote further said that in the recent past, there has been a significant mushrooming of high-rise developments in Nairobi which are gaining permission swiftly from the County government and other agencies.

The Judge noted that some agencies do not always seem to consider the impacts of approving multi-dwelling developments on the environment, particularly on waste management systems.

He said that he had found that the petitioners have a prima facie case with chances of success, and it would only be fair if the construction is stopped with immediate effect.

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