Developer fined Sh500,000 for missing safety net, working past 5pm

Yahya Mohammed

Yahya Mohammed at the Kibera law courts.

Photo credit: Joseph Ndunda | Nation Media Group

A city private developer caught developing a residential building without buffers to protect public from falling objects has been fined Sh500,000.

The fine was for breaching National Environmental Management Authority (Nema) licence.

In default, Yahya Abdi Mohammed will serve a two years jail term.

He was handed the penalty by Kibera Resident Magistrate William Tullel after pleading guilty to charges of breaching conditions of a licence contrary to the environmental impact assessment audit.

Mohammed admitted that he breached the conditions on March 22 while undertaking his project along Ole Shapara Road in South C, Nairobi.

He also breached the licence by undertaking the construction works past 5pm.

Around 6pm

The court heard that on the material day at around 6pm, environmental inspector Koiyet Shieni and a team of police officers attached to Nema arrived at the site.

They were responding to an incident reported to the authority by members of the public living near the construction site.

They found the construction of a residential unit ongoing and workers still on the site.

Shieni asked for the person in charge and Mohamed introduced himself as the person in charge and produced a license through his phone which was confirmed to have been issued by Nema regional office at Nyayo House.

Mohammed was found to have breached Nema’s conditions and was arrested immediately.

The conditions he had violated include a requirement to put up a signboard as per the Ministry of Transport and Infrastructure standards indicating the Nema reference number, failing to ensure buffers - hoarding and duct screens- are installed to protect members of the public from falling objects and failing to ensure construction activities are undertaken during the day between 8am and 5pm.