The Environment and Land court Tuesday temporarily stopped the renting or leasing out of a property based in Eastleigh area within Nairobi City County.
Lady Justice Anne Omollo however did not halt the ongoing construction, allowing it to proceed, pending the company’s filing of their replying affidavit.
This is after Eastleigh residents moved to court seeking orders restraining Alatop Limited from leasing, subletting or granting access to the general public due to the continued unsafe and unlawful construction activities.
“Orders of interim injunction are issued stopping the defendant from renting out/leasing the suit premises to any person until the application is heard and determined.”
“The construction is not stopped to allow the Defendant to file their replying affidavit,” ruled the court.
According to the residents, the property is being developed in clear disregard of stop-work orders issued by National Construction Authority (NCA) and Nairobi City County Planning Compliance & Enforcement
The Eastleigh Leaders Forum through their lawyer Swaleh Yusuf, argued that the NCA had flagged the site for its failure to observe basic safety protocols, after two workers fell to their deaths earlier in the year.
The company however, continued construction without regard for the orders leading to the death of three more workers on-site, bringing the total death toll to five.
Yusuf alleges that the most recent victim was Julius Wekesa Wanyonyi, a worker who fell from the second floor of the building due to lack of safety nets in place, a standard safety measure on construction sites.
“On February 22, 2023 the 3rd Interested Party herein issued an enforcement notice against the Defendant/Respondent herein requiring it to stop any further constructions on all that property known as LR. No. 36/11/15 located in Eastleigh within Nairobi City County, hereafter ‘the suit property, and to avail copies of the approved plans of the building from the National Construction Authority,” read court documents.
It Is the residents’ case that the building is being constructed dangerously close to power lines and in violation of planning regulations, with no apparent efforts to ensure worker or public safety.
“This construction is not only endangering the workers but also the entire community around the site,” argued the residents.
Despite multiple reports made to the police and appeals to the relevant authorities they argue, no concrete action has been taken to enforce the stop-work orders.
The judge ordered the respondents and interested parties to file their respective replying affidavits within 10 days from October 15.
Once the affidavits are filed and served, the applicant has been given a further 10-day window to submit any additional affidavits along with skeleton submissions.
In response, the respondent and Interested Parties will also have 10 days, following receipt of the applicant’s submissions, to file their own skeleton submissions.
The court scheduled the submissions to be highlighted on November 20.
In the suit the National Construction Authority, the National Environment and Management Authority and the director Nairobi City County Planning Compliance and Enforcement have been listed as the interested parties.
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