Residents in Kenya have resisted a move by a private developer to erect a high density residential flat without getting approval from the National Construction Authority (NCA), the country’s construction oversight authority. The residents wants construction laws followed.
Through Damview Estate Kiamumbi, their umbrella association the residents have filed charges against Mr Mugeria Kinyua, the National Environmental Management Authority (Nema), NCA.
The resident accused Mr Kinyua of commencing the construction in contravention of clear directions and guidelines stipulated by the National Construction Authority. They argued that if the developer is not restrained, he intends to proceed without addressing their fears and concerns.
Mr David Githinji, lawyer representing the residents, told High Court judge Nyambura Gacheru that Mr Kinyua has blatantly ignored instructions from the NCA to stop the construction.
“It is in the interest of the public and the association, and it is also a requirement of the law that all residents within its jurisdiction adhere to all construction and development standards,” Mr Githinji said.
Dam View estate, according to the residents, is designed as a low density residential area, hence it is mainly occupied by single family houses.
They argued that the construction of the estate is being done without the necessary approvals from the physical planning department of the National Construction Authority as well as the National Environmental Management Authority and an environmental impact assessment.
Mr Githinji said National Construction Authority’s officers had earlier paid a visit to the site on July 20 and marked the premise entrance with an X to mean it lacked the required approval. But the construction is still going on.
They said the National Environmental Management Authority has not yet facilitated or offered the required infrastructure which includes water, sewerage and drainage facilities to support such high density development. The case will be heard on August 8.