Greenpark Estate not on riparian land despite floods wreaking havoc
Two experts have confirmed that houses belonging to Superior Homes in Athi River, Machakos County, were built away from riparian land.
The experts — a hydrologist and a surveyor — tabled their reports before Justice Oscar Angote who is hearing a dispute filed by the company against Water Resources Management Authority (Warma).
Superior Homes, the owner of Greenpark Estate, sued Warma after the agency threatened to demolish a number of houses claiming they were on riparian reserve.
The High Court had in June last year stopped the planned demolition, pending the determination of the case.
On Thursday, Dr Stephen Mureithi, the hydrologist, said the average width of the water course, as measured from the top edge of the bank of Stoni Athi River, is 36 metres.
He told the court that the average distance from the top edge of the water course on the eastern side to Greepark security wall is about 32.6m.
“Therefore, the distance between the top edge of the Stoni Athi River bank on the eastern side is beyond the minimum of 6m and maximum of 30m as provided in section 116(2) of the Water Resources Management rules, 2007,” the report said.
Lawyer Philip Nyachoti, for the firm, sued Warma accusing it of bad publicity, that saw sale of houses plummet.
The firm also claims that financing of the houses by banks had been significantly affected with one writing to them expressing their refusal to finance customers who had already been approved.
Superior Homes is seeking over Sh520 million arising from loss of business, damages and costs.
Warma has defended itself, saying, the developer asked to be allowed to build dykes along the river, but they declined due to floods risk.
Case continues on June 18.