Kapseret Member of Parliament, Oscar Sudi, on Thursday called on authorities to demolish a house being constructed in Eldoret Town which he claimed is being erected on a road reserve.
In a statement, Sudi called out the developer, revealing that the Uasin Gishu County Assembly has in the past tried to resolve the issue without success.
"I support the move by Uasin Gishu County Members of County Assembly (MCAs) regarding the building sitting in a claimed road reserve within Eldoret Municipality Block 6," the politician said in a statement.
"In fact, the building should have been demolished right before further inquiries are made."
Sudi opined that failing to demolish the building would encourage impunity and recklessness.
However, the MP did not reveal the owner of the housing block developed in the soon-to-be chartered city.
Eldoret Municipality was conferred city status on September 20, by the Senate. One of the key factors looked at when granting the metropolis such status was urban planning.
According to the Urban Areas Act, of 2011, for a municipality to become a city, it should have a good infrastructure.
This encompasses essential infrastructure such as roads, street lighting, markets, and the necessary capacity for disaster management, along with effective waste disposal capabilities.
Constructing a building within a road reserve directly violates the established infrastructure framework defined by the Act.
Although Sudi advocates for the immediate demolition of the house, it's crucial to note that legal procedures must be followed. The law stipulates that the State cannot undertake demolition without providing a formal notice for vacation.
Moreover, County Governments, acting through their respective assemblies, possess the authority to establish regulations governing property demolitions within their jurisdictions.
Even if the building in Eldoret were to be demolished, the property owner retains the right to seek legal recourse by filing for compensation at the courts.
The issue of buildings being erected without following due process has been on the rise in Kenya, a situation which has led to multiple buildings collapsing across the country.
The National Construction Authority (NCA) on Tuesday revealed that a 10-storey building that collapsed in Roysambu Constituency on Saturday night tumbled because of poor structural concrete used during construction.
On September 11, Nairobi Governor Johnson Sakaja launched a crackdown on all substandard buildings within the capital without the requisite approvals.
Other governors have also been launching similar crackdowns across the country.
In November 2022, Mombasa Governor Abdulswamad Nassir issued an ultimatum to unscrupulous contractors involved in non-compliant buildings to apply for development permission.
