The High Court has stopped the National Assembly from putting up a shs 4 billion 13 storey building in Karen.
Justice Lucy Mbugua issued the orders on 28th July 2022.
The Karen and Langata Residents Association (KLDA) through its chairman Samora Sikalie went to court to oppose the project.
The court ordered that no further construction will go on until the objection filed by KLDA is heard and determined.
Last month, KLDA accused the National Assembly of violating zoning rules and championing impunity.
The National Assembly through the office of the Parliamentary Joint commission, is putting up a 13 storey building.
The building will be used as the Centre for Parliamentary Studies and Training.
According to proponents, it will be a one stop Centre for Parliamentary Training in East and Central Africa.
Aprim Consultants are the architectural designers.
On 21st September 2021, Clement Nyandiere, the Director General of the Parliamentary joint commission which undertakes projects on behalf of Parliament, wrote to NMS Director General Mohamed Badi to help approve the project.
Badi ordered his officers in the Planning department to hasten the approvals.
The planning officers gave the project a go ahead despite a court order directing that Karen is a zoned area and such development cannot be approved.
The okayed project is change of user on LR number 28172 Langata South Road.
“Zoning laws like other laws don’t apply in Kenya. This is an 8th floor and 2 basement building right in the middle of an area exclusively zoned for residential buildings in Karen…you bribe CITY HALL…and you have a building permit…a shit hole, “tweeted lawyer Ahmednasir Abdulahi.
However, City Hall officers denied being bribed.
“It’s a government project and we were asked by the NMS Director General to facilitate the approvals. How do you receive bribes in a government project?” posed one of the Planning officers.
On 3rd December 2021, the High Court ruled that the Nairobi County Government cannot approve physical developments or issue development permissions or change of user in Karen for any development that required such approvals or permission under the physical planning act or other applicable law without giving the Karen Langata District Association (KLDA) all the information and documents regarding the development , application and an opportunity to participate in the decision making by providing written and oral comments as required by the applicable law and clause 2.4 (a) of the recognition agreement .
The ruling was delivered by Lady Justice L. Komingoi.
On 28th April 2022, KLDA wrote to NMS opposing the development.
“This is a massive project that has not followed due process in terms of urban planning and environmental concerns. As time is of the essence, we seek the respective offices assistance in halting the project that is in a low density residential area. The works have begun. The objection is based on physical planning and environmental concerns,” KLDA through its officer Dancun Munyua said.
The letter was also copied to interior CS Fred Matiangi, NEMA and the National Construction Authority.
On 20TH June 2022, KLDA complained to the EACC that the Parliamentary Joint Commission had colluded with the contractor to use no-existent stakeholders in public participation.
KLDA said the date of the meeting is not known and that they were not informed.
“The said participants have been found to be non-existent while telephone numbers provided are not of the so-called participants. This is a grave breach of the law and violation of citizens’ rights with respect to processes and ultimately living conditions,” Munyua said.
The Parliamentary Joint Commission Director General Clement Nyandiere declined to respond to our questions on why Parliament was violating the law.
He did not respond to questions and calls made and send to him several weeks ago.
Several other Lawyers said the contractor had bribed several people to have the project go on smoothly so that he pockets the shs 4 billion.
Senior officers at Parliament who requested anonymity blamed Nyandiere for violating the law.