A Nairobi lawyer wants the County Physical and Land Use Planning Liaison Committee (PLUPLC) to strike out governor Johnson Sakaja’s decision to halt all building development and excavation approvals in Nairobi county.
In the appeal filed before the PLUPLC, Victor Odhiambo says Sakaja’s undated notice is “neither statutorily supported nor backed by a gazette notice”.
According to Odhiambo all communication on planning matters should fall under the ambit of the county executive committee and not the governor.
“The unilateral decision by the County Government to halt the consideration and issuance of building approvals is unconstitutional and a violation of the right to a fair administrative action as provided for under section 4(3) of the Fair Administrative Action Act,” says Odhiambo.
Odhiambo accused Sakaja of not conducting public participation before deciding to halt all building plan approvals, an action he says amounts to a “unilateral pronouncement and decision” on a major policy decision.
“There is a greater public good to be realized by the county government in strictly abiding by the well laid down planning and approvals regulations as opposed to a blanket stoppage of all new planning approvals,” reads part of the appeal.
The lawyer says compliance issues should be continuous and not based on the governor’s fiat.
The committee has since invited Odhiambo for a meeting on May 28, to be held at City Hall.
“You are hereby invited to a meeting to be held on Tuesday 28th May 2024 at City Hall court no. 3 at 11.00 am.”
In the appeal, the governor, County Government of Nairobi and Nairobi City County executive committee member, built environment and urban planning have been sued.
Architectural Association of Kenya and National Construction Authority have been listed as interested parties.
Sakaja had last month ordered that all building development approvals be stopped pending a fresh review.
“All building development approvals have been halted for now until we can review all those that have been issued and are continuing in the city,” he said.
Sakaja also directed that all solid waste be dumped at the Dandora dumping site, warning that licences of errant service providers will be revoked.
He went on to add that all excavations have been stopped with immediate effect since the structural integrity of buildings cannot be assured with the ongoing rains.
“All excavations of all sites, especially along riparian areas, and all excavations of buildings, especially those that have gone close to their neighbours have been stopped with immediate effect. All excavations have been stopped forthwith because the structural integrity of buildings cannot be assured at this time,” he said.
This comes weeks after Governor Sakaja said the construction of high-rise apartments in Kenya’s posh neighborhoods of Kileleshwa and Lavington would not stop, amid public uproar on the issue.
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