The Environment and Land Court has ordered Nairobi County Secretary Patrick Akivaga and the secretary of Sustainable Development Solutions Limited Stella Nyamu to appear in court for sentencing after being found guilty of contempt.
Justice Oscar Angote found the two guilty of disobeying court orders to stopping the construction of a building block in Parklands, Nairobi.
Nairobi county officials Stephen Mwangi, Richard Mumo and Frederick Ochanda were also found in contempt of court.
Others found guilty include Ali Ibrahim Mohamed and Yusuf Asker Mohamed (directors and shareholders of Ameey Homes Limited) Arch. Salim Komora, Engineer Wilson Lepartobiko and Burash Koch of Koch constructions Limited.
The court found them guilty of refusing, failing or neglecting to obey the court orders issued in May 2023.
This is after lawyers Alfred Ndambiri and Titus Gitonga who are Parklands residents filed an application seeking to hold them in contempt of court after failing or refusing to halt the construction.
It is alleged that county officials and developers proceeded with the construction of the building in Parklands despite a court order stopping further development on the suite property by Harambee Sacco Cooperative Society, sustainable Development solutions limited, the above directors and engineers.
“Despite them being served with the said order and penal notice, they have personally, jointly or severally refused, failed and neglected to obey the court order by stopping and enforcing any further development on the suit property,” the lawyers argued.
The court heard that further development and construction on the suit property has been and continues being undertaken by the developers, their servants, agents and other persons and that the construction includes construction of another level and partitioning the building structure into various residential apartments, units and other facilities.
Ndambiri told the court that on 5th June 2023 at about 2pm, officers from Nairobi County Government visited the development site and failed to stop the ongoing construction work, neither did they enforce the court order against the persons undertaking the injected activities.
He added that the construction is infringing and violating their right and fundamental freedom to a clean and healthy environment.