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New twist in Lavington houses’ construction as Nairobi County steps in

By LILLIAN MUTAVI December 27th, 2016 2 min read

Nairobi County Government has stopped the construction of residential houses along Kunde Road in Thompson estate, Lavington.

This follows a protracted dispute involving the residents and Pyramid Builders Ltd which is putting up town houses on the site.

Speaking on phone the Nairobi Governor Evans Kidero said the move to stop development in the area came after the residents raised valid reasons which need to be considered before development continues.

“We as a government we have listened to the issues raised by residents and they are valid we are stopping the construction with immediate effect,”said Dr Kidero.

He added that there is also controversy on the land ownership and how the change of user was effected.

CONTROVERSY

The construction has been faced with controversy after the National Environment Tribunal on December 16, 2016 stopped its development and was mysteriously reversed only hours after it was issued.

The two letters issued on December 16, 2016, wanted the developer to stop construction of proposed town houses on plot no.LR No.330/485 later revoked it on the same day.

In the letter to Pyramid Builders Ltd, the National Environment Management Authority (NEMA) stated that the tribunal had received an appeal from Koome Mwambia, Maribel Larson and Jeremy Ngunze suing as officials of Kunde road residents welfare association against decision to grant the developer Environment Impact Assessment licence without following the laid down statutory procedures.

“The purpose of this letter therefore is to direct that all activities relating to the appeal in question must be stopped until the appeal is heard and determined by the tribunal,” reads the letter in parts.

However, on the same date NEMA issued a letter of cancellation of stop order stating that it had been erroneously issued.

EXISTING STRUCTURES

“It has been noted that the stop order in respect of the cancellation of stop order for the proposed construction of a town house along Kunde road Thompson Estate was erroneously issued and is hereby cancelled pending determination of the case,” read the second letter.

The residents claim the developer did not follow the right procedure for change of user of the property.

The welfare association Kunde road residents lawyer Kimani Waweru had earlier told the Nation that this is not the first time NEMA had issued the stoppage of the construction as in August they issued a letter but the developer defied it.

Mr Kimani said that they want the construction stopped as the developer has moved heavy machinery to the site and is cutting down trees.

“Despite the stop order, the respondent has continued to disobey and has continued felling down tress and demolishing existing structures. The developer has started moving heavy machinery into the site,” said lawyer Kimani Waweru on a letter to NEMA on September 20th , 2016.