The Environment and Land Court in Nairobi on January 25, found the defunct Nairobi Metropolitan Service (NMS) guilty of refusing to obey court orders over the construction of a 16-storey building in Parklands.
NMS was represented in court by Nairobi County Secretary, Patrick Analo Akivaga.
The court documents seen by Kenyans.co.ke show that former NMS boss Mohamed Badi, listed as the second respondent in the case, was found not guilty.
Parklands residents had petitioned the court arguing that NMS had allowed the construction of the building despite a court order halting the same.
“The Petitioners' application dated 14th June 2023 therefore succeeds Patrick Analo Akivaga(for 1 Respondent - NMS), be and are hereby found and held guilty for refusing, failing or neglecting to obey the Court's orders given on 25th May 2023,” the ruling read in part.
“The above-named contemnors to appear personally in this court for mitigation and sentencing.”
Additionally, the respondents were ordered to cover the costs of the lawsuit.
Parklands residents had argued in court that a developer was constructing the storey building without following due process.
On May 25, 2023, after over a year in the court corridors, Justice Angote ordered that construction in the property cease until the petition was determined.
“The court orders that an interlocutory order of injunction be and is hereby made that the Respondents jointly and severally stop and enforce orders stopping the Interested Parties from undertaking any further development,” the Environment and Land Court ruled then.
Despite the ruling, the Environment Court was appraised that works on the property continued unabated.
The petitioners presented photographs to the court as proof that the respondents were in contempt of court.
“Most of the photographs did not indicate the date on which they were taken. However, on the photographs marked DANN-3, annexed to the 1st Petitioner's Affidavit dated 30th June 2023, they clearly indicate a date of June 5, 2023,” the court ruling read in part.
“The photograph shows a Nairobi City County Vehicle parked outside the development and County Officers visiting the said property. This establishes the Petitioners' claim that the 1st Respondents' officers indeed conducted a visit on the site on 5th June 2023.”
In the initial case that led to the halting of the construction, the developers had been accused of forging documents indicating that they had NMS authorisation to undertake the project.
As such, they indiscriminately cleared trees in the area to give space for the 16-storey building.
NMS on their part told the court that they had granted architectural plans permits but did not okay the clearing of the land where the project was set to be put up.
