, NAIROBI, Kenya, Oct 12 – The Nairobi County Government now wants the High Court to vacate an order barring the demolition of a building developed next to the US Embassy in Gigiri.
According to City hall, the building was constructed without proper procedure as provided by the County laws.
Lawyer Harrison Kinyanjui told Justice Bernard Eboso that the property was constructed by the proprietors without going through the dispute resolution mechanism prescribed by Parliament under section 15 and 38 of the Physical Planning Act.
He said that the court order issued on 6 March 2018 in favor of Whitehouse Investment limited was based on total misrepresentation and it ought to be discharged.
Kinyanjui further said the applicant’s claim is based on an illegality which the court cannot aid in.
“There is nothing to demonstrate that the County’s action to issue the Enforcement notice to directors of the company amounts to an illegality it exceeded its authority” he said.
He also submitted that there was no compliance with the Physical Planning Act in respect of the impugned developments by the applicant necessitating the court’s invocation of the law to stop an illegality.
The lawyer told the court that there was no public participation thus rendering any subsequent development unlawful.
He said that there were no approvals from the County Government to develop the said property.
However, the applicant through lawyer Githinji Marete, said that the property was approved by the County after an inspection fee of Sh2.9 million was paid.
Marete stated that all procedures were followed before construction work commenced and that the County government cannot now deny its documents over the contested approvals.
The court will deliver its judgement on 11 November 2018 as to whether the conservatory order can be set aside to pave way for the County government to demolish the building.