Exclusive, Parklands residents threaten to sue Nema over illegal construction projects

Parklands residents threaten to sue Nema over illegal construction projects

Residents of Parklands are up in arms over what they claim is the National and Environment Authority’s failure to address the proliferation of illegal construction projects in the neighbourhood.

 

Through their advocate, Wageni and Company, the residents of Taza Lane, City Park Drive, claim Nema has failed to respond to their queries on whether it has approved the said construction projects.

 

The residents have also said they have written to the agency on three occasions over the matter but have gotten no response.

This is despite other government institutions denying that they had approved the construction of the said buildings. The agencies in question include the National Construction Authority (NCA) and the County government of Nairobi.

 

“We note that you have knowingly and deliberately failed and/or refused to provide our clients with information on whether or not you authorised and permitted the ongoing development on the subject property, and if not, why you have failed to arrest,” a letter from the advocate reads in part.

The residents have said they will file a petition on Monday, October 1, 2023, at the Environment and Lands Court to compel Nema to perform its mandate as per the Constitution of Kenya.

 

On September 10, NCA stopped construction of eight buildings within Parklands due to permit issues. The affected buildings are located along Woodvale Groove, Fifth and Sixth Parkland Avenues, Mtama Rd, Mwambao Rd, Mwambao Lane, City Park Drive and Taza Lane.

 

The move came after the same residents reached out to NCA and shared their grievances over how some of the buildings were being erected.

In May, the Environment and Land Court issued orders stopping the development of residential houses along Taza Lane in Parklands following a petition by residents.

 

In the application filed by City Om Park Drive, the residents said a developer who was putting up a high-end residential building along the lane did not follow due process before commencing the project.

For a year now, residents of Parklands have had a hard time engaging with the developer who even ignored court orders to stop the project.

 

In a ruling in the presence of lawyers representing more than 10 parties, Justice Oscar Amugo Angote said the court is satisfied 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 also moved to court to sue several respondents, including Nairobi Metropolitan Services (NMS), Nairobi City Council Government, 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 property house number G erected on the land along Taza Lane, City Park Drive in Parklands Area.

 

The petitioners said in September 2020, unknown developers stormed the premises where they live and demolished a 50-year-old house, prompting them to alert NCA.

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