Three companies barred from putting up apartment block in Parklands

Milimani Law Courts

Three companies has been barred from undertaking any development or construction on a property at City Park Drive, Nairobi pending auditing by NEMA.

The National Environment Tribunal restrained Development Solution Limited, Ameey Home Limited and Couch Construction Co. Limited from developing the land  L.R. NO. 209/7549.

This is after lawyer David Njeru Ndambiri moved before the tribunal seeking an injunction restraining the three companies from continuing with the construction of proposed residential apartments, “pending construction of the privately developed sewer (PDS) Extension No.4548 in terms and in accordance with the Nairobi City County & Sewer Co. Limited’s term and conditions contained in the letter of approval dated 8th June 2021,” Ndambiri said.

Ndambiri wants NEMA to immediately monitor and conduct environmental audit on the proposed development of residential apartments.

“An order of injunction restraining Sustainable Development Solution ltd, Ameey Home ltd, Couch Construction Co. Ltd, their agent and servants from developing or constructing the proposed of residential apartment on L.R NO. 209/7549 city park Drive , parkland pending the monitoring and conduct of environmental audit by the Director-General National Environment Management Authority (NEMA).

The applicant also wants the court to declare that NEMA has failed or refused to monitor and conduct an environmental audit on the proposed development of residential apartments on the said land.

On 27th October 27 2021, the Tribunal gave orders that the status quo be maintained and all parties were reminded of section 129(4) of EMCA and to comply with the provisions pending hearing and determination of the appeal.

However, despite being aware of the appeal, the directors of the three companies have persistently continued with the construction work on the said land and by the time the case was being filed, the construction of the building was above level three.