A source in the senior ranks at NEMA has divulged on the mistake that caused the demolition of the Kshs1 Billion Southend Mall located along Lang'ata Road.
Speaking to Kenyans.co.ke, one of the Authority directors intimated that they had indeed issued the investors of the mall a permit to build in the area.
According to the body, the investor believed to be former Bobasi MP Stephen Manoti, had been allowed to build on "a very small part of the land that is away from the riparian area."
However, he went ahead to build all over the place beyond the area ratified for construction by the authorities which is reported to be atop a river.
In the meantime, the owners of the Mall broke their silence a few hours after a decision to bring down the investment on Wednesday.
[caption caption="Southend Mall when still under construction(PHOTO/COURTESY)"]
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Through their lawyer, investors stated that they had not been notified of the demolition given they had obtained a court injunction.
An advocate representing the former legislator noted that the move was unfair given all the involved parties had been served with stay orders.
"The licenses were issued by NEMA and Nairobi City Council. At that time those were the only licensing authorities. The Water Resource Management and the National Construction Authority were not existent but we have enjoined all these parties in the suit as defendants. We have a stay and my client has been ambushed, he never received any notice that they are coming to destroy the building," stated the lawyer.
According to the advocate, the former MP remains entitled to compensation for the demolition which he termed as an ambush on the client.
"My clients can actually go for compensation. It is known there were stay orders and demolishing the structure without notice is wrong. We will be instructed by our client and we are going to render our advice" noted the advocate.
During the construction of the building, area residents and environmentalists complain that it would block the river and cause flooding.
In 2016, Manoti was issued with a 14 days notice to demolish the Mall blamed for flooding in Nairobi West, South C and the entire Lang'ata area.
At the time, he moved to court after being served with the demolition notice and restrained Nairobi County government from interfering with the building.
[caption caption="Southend Mall along Mbagathi way (PHOTO/COURTESY)"]
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