Residents sue developer for breach of construction laws

Kiamumbi residents have protested a move by a private developer to construct a high density residential flat without approval from the construction authority.

Through their association, the Damview Estate Kiamumbi, the residents sued Mr Mugeria Kinyua, the National Construction Authority (NCA) and the National Environmental Management Authority (Nema).

They accused Mr Kinyua of starting a construction in breach of clear directions from the NCA. They argued that unless he is restrained, he intends to proceed regardless of their concerns.

Mr David Githinji, their lawyer, told High Court judge Nyambura Gacheru that Mr Kinyua has blatantly ignored directions from the NCA to stop the construction.

“It is in the interest of the public and the association, and it is also a requirement of the law that all residents within its jurisdiction adhere to all construction and development standards,” Mr Githinji said.

According to the residents, Dam View estate is designed as a low density residential area, thus it’s mainly occupied by single family houses.

They claimed that the construction in dispute lacks approvals from the physical planning department of NCA as well as Nema and an environmental impact assessment.

Mr Githinji said NCA’s officers visited the site on July 20 and marked its entrance with an X to mean it lacked requisite approval. But the construction is still ongoing.

They said Nema has not yet facilitated or provided infrastructure which includes sewerage, water and drainage facilities to support such high density development. The case will be heard on August 8.