The County Government of Kajiado and the National Environment Management Authority (Nema) are embroiled in a dispute with a private developer over the construction of a high-rise building within a controlled area.
The bone of contention is the five-storey apartment building that is under construction in EPZ Kapiti Estate in Kitengela. On February 24, Nema had ordered the developer to downscale the plans to a three-storey building with an open slab rooftop.
On March 22, the Physical Planning Department suspended the construction and asked the developer to submit copies of development approvals for re-evaluation.
“Take notice that the [building] does not conform to provision and zoning standards preferred in zone five (Epz area),” the letter that is signed by Lands and Physical Planning Executive Hamilton Persaina reads in part. Officials at the department have absolved themselves from blame for initially approving the project, saying, the original plan indicated that the plot was located elsewhere.
On Saturday, county enforcement officers led by Isinya Sub-county administrator Bruce Likama were almost roughed up by the site manager and workers when they went to enforce the order to suspend construction.
The administrator was almost roughed up by the site manager ensuing a commotion at the site. Casual workers working on the site blocked the reinforcement officers from closing the site.
“I’m enforcing the county notice to suspend the construction. The notice was issued on March 22 but you have ignored it. We have also noticed most of the workers do not have safety gear,” Mr Likama told the site manager. The site manager, however, claimed that he could not suspend the construction, citing a court injunction issued on October 13 last year.
Mr Daniel Kanchori, a lawyer representing the residents’ association, however, told Nation that the purported court injunction has been overtaken by events after the county government and Nema, as the bodies mandated to regulate the construction, pronounced themselves.
