Residents of Dam View Estate Kiamumbi have are relived after the Chief Magistrate Court in Kiambu, issued temporary injunction restraining a private developer from continuing with construction of multi dwelling apartments in the estate pending hearing of the matter.
Kiambu Chief Magistrate, Mrs.Patriciah Gichohi granted the order for temporary injunction in a petition filed by Dam View Estate Residents Association (DVEKRA) challenging the plans by a private developer to construct multi-dwelling apartments on the Title No. Kiamumbi Mun Block 5 (Kiamumbi)/2895 Kahawa Road.The Judge also ordered the OCS Kiamumbi Police Station to supervise enforcement of the orders that were issued by the Court.
The residents argued that the construction of the 4 Storey multi-unit dwelling building is illegal, and was contrary to the Kiambu County Zoning Regulations and Article. 42 and 70 of the Constitution of Kenya, and hence if an injunction order was not issued, the suit will be rendered nugatory. In his supplementary affidavit sworn on 18th January 2021, Mr. Leonard Gitari, Chairman of Dam View Estate Residents Association maintained that the construction permits obtained on 4th June2020, authorised the developer to erect only a single dwelling house specifically a Maisonnate. He also argued that County Government issued the developer another construction permit without conducting public participation, and that the developer admitted to have exceeded the original plan by one floor though in actual sense exceeded by two floors.
Judge Gichohi noted that “The 1st defendant admits in her replying affidavit that she is carrying on construction on Title No. Kiamumbi Mun Block 5 (Kiamumbi)/ 2895 Kahawa Road. She admits that she got a permit for the construction of a residential building and further admits that the construction has exceeded the original plans by 1(one) floor. By saying that she has approached 2nd Defendant for approval as required in the construction permit earlier granted, she is admitting that she had altered the plan without approval which is illegal. Her attempt to deduce what a low density dwelling is, is not of any assistance to her.”
The Judge while issuing the orders stated that “From the material before this court, the 1st defendant is in breach of the law. lt is unjustified that she continues with the construction, her constitutional right to own property notwithstanding. I am satisfied that the Plaintiffs have further demonstrated that the balance of inconvenience also tilts in their favour in this case. As a consequence, I am satisfied that the application herein is merited and it is allowed as prayed.”
The case will be mentioned on 8th June 2021 before the Chief Magistrate Court.
