Court stops construction of 16-storey apartment block in Mombasa
Judge Lucas Naikuni made the order pending the hearing and determination of an application by three residents who claim that Stay City Apartments Ltd is carrying out the development without regard to environmental concerns.
The Environment and Land Court has temporarily halted the construction of a 16-storey apartment block in Mombasa's upmarket Kizingo estate.
Judge Lucas Naikuni made the order pending the hearing and determination of an application by three residents who claim that Stay City Apartments Ltd is carrying out the development without regard to environmental concerns.
Dr Rishad Ali, Ketan Doshi and Salim Said allege that Stay City Apartments Ltd is carrying out unsafe construction which directly affects the use and occupation of their properties and other people in the area.
The petitioners allege that Stay City Apartments Ltd's buildings are taller than their properties, thereby severely interfering with their right to privacy.
“The first respondent (Stay City Apartments Ltd) intends to build 48 apartments and two penthouses without proper social amenities including sewer system, water supply, access road and proper drainage,” part of the petition by the residents’ state.
According to the petitioners, Stay City Apartments Ltd has not provided adequate mechanisms to protect them from noise and air pollution as a result of the mega-development.
Likely to affect their houses
They argue that the heavy machinery used in the development, which they describe as massive, is likely to affect their houses in the long term.
The petitioners accuse the Mombasa County government of failing to enforce applicable principles of law, by-laws and regulations governing such developments in the area, which they describe as low density.
Apart from Stay City Apartments Ltd and the Mombasa County government, the petitioners have also sued the National Environment and Management Authority (Nema) and the National Construction Authority (NCA).
They are seeking a declaration that their constitutional rights have been violated by the actions of the respondents.
They also want a declaration that there was no public participation before Nema, NCA and the Mombasa County government issued the development permits.
Dr Ali, Doshi and Said claim that on the morning of February 4, they woke up to demolition and excavation work on the land where the building is being constructed, causing noise and air pollution.
They argue that they informed the company that the bylaws of the locality where the building is to be constructed provide for low density and sparse population with open green spaces surrounding the buildings.
The petitioners claim that despite this information, Stay City Apartments Ltd continued with the excavation and as a result, they were forced to write a letter of complaint to Nema, the County Government and the NCA to take action against the developers.
Permits for the project
The petitioners also accuse Nema, the NCA and the county government of colluding with officials of Stay City Apartments Ltd by discreetly issuing development permits without ensuring that there was effective public participation before considering permits for the project.
"By failing to ensure compliance with the applicable laws and regulations, the respondents have fundamentally trampled upon the rights of the petitioners," the petition reads in part.
They also argue that the proximity of the Stay City Apartments Ltd project encroaches on and interferes with their right to easements and related property.
The petitioners also want the court to issue an injunction restraining Stay City Apartments Ltd from proceeding with any excavation or construction on their land.
