The Karen and Langata District Association (KLDA) has won two landmark cases involving the Nairobi County Government and a Private developer who were to undertake constructions against the residents wishes.
In a statement to newsrooms, KLDA said its advocates have handled the two matters successfully.
“ELC PET. NO. 40 OF 2018- KLDA Vs. NCC. KLDA instituted legal proceedings in 2018 against the Nairobi City County Government for ignoring the recognition Agreement between KLDA and Nairobi City County signed on 3 March 2017,” the statement reads.
KLDA said the recognition Agreement stated that development approval by NCC within Karen/Lang’ata should involve residents and if their views are rejected, NCC should give reasons.
KLDA sought orders compelling NCC to provide reasons including development permissions, Change of User and complying with Local Physical Development Plan (LPDP).
Judgment was delivered on 21/10/2021 and KLDA won the suit in that the Environment and Land Court barred the Nairobi City County Government, its Officers, or its agents from further approving developments without consulting the residents.
“ELC JR. NO. 13 OF –BRUNO ILLI & 4 OTHERS Vs. POWER CHINA & OTHERS. Power China International Group Limited made a proposal for a development on LR No. 1008/2019 on Dagoretti Road and proposed to hold public participation meeting virtually because of Covid 19,” the statement reads.
KLDA said the proposed mixed-use development comprised of a three-storey office block with a floor area of 9,186M2 , Five three-storey residential blocks to house their local staff and their guests , two gate houses and ancillary services building with a total floor area of 180M2 .
There was also to be 98 parking spaces with 2 loading bays for trucks, an existing dilapidated double-storey house that was to be renovated into a residency, an on-site waste-water treatment plant and a water borehole.
KLDA proceeded to Court and got an order against a virtual public participation meeting in view of serious environmental issues involved and thereafter entered a consent on 24th November 2020 to have a public participation on the following grounds including their right to clean and healthy environment.
The grounds were the environmental considerations arising from the proposed project, the size and nature of the proposed project, whether the project falls within the current Local Physical Development Plan (LPDP) for Karen/Langata areas.
Two public participation meetings were thereafter held and PowerChina was unable to persuade the residents that it could abide with the above issues.
KLDA thereafter wrote to NEMA not to grant a license, and none has been granted to date.
It is understood that PowerChina has relocated to Ethiopia.
“These successes come with financial obligations. To enable KLDA to finalize pending fees with the lawyers who handled the matters, we call upon residents/well-wishers/corporate bodies to send donations to the KLDA,” the statement added.
KLDA gave the payment details as Paybill: 542542 Account number: 00800214031210 Account Name: KLDA Legal Bank: I&M Bank.
“Your support is greatly appreciated. The struggle continues ”KLDA said.