The Court of Appeal has halted the planned construction of 71 single family residential units in Redhill area of Tigoni in Kiambu, pending the determination of a case filed by Redhill Kentmere Residents Association.

The Association opposed the construction of the townhouses arguing that it will negatively impact on the environment by degrading the traditional water tower of the land, causing loss of existent bio diversity and wetlands, leading to loss of flora and fauna and increased soil erosion.The Association further says the construction by KO Holdings will increase the population, leading to pollution from sewage and waste water disposal systems and destruction of existing tea estate, which is a major income earner in the area.

The case was dismissed in November by Justice Lucy Gacheru saying the Residents Association failed to exhaust existing dispute resolution mechanisms before moving to court.The Association officials led by Ms. Angela Mbugua moved to the Appellate court saying if the construction is not stopped, the developer will proceed and harm the environment, a move that might be difficult to reverse. They also said the houses might be completed and sold to third parties, which will complicate the matter.

“For these reasons, we find that the applicants have satisfied the twin conditions for granting orders of injunction under Rule 5(2)(b) of the Court of Appeal Rules, as it is appropriate to preserve the substratum of the applicants’ intended appeal by issuing the orders sought,” Justices Wanjiru Karanja, Hannah Okwengu and Mohammed Warsame said.