Looking at the existing laws, you cannot build anything on the piece of land. There are two existing roads bordering the land plus on one side the future bypass. Further more the land is dissected smack in the middle by a river. The land is very steep. Setbacks from the road (6m from edge) are measured horizontally and not along the slope. There is also a 6m setback from the river edge! Using this information, there is no way you can build anything there if you adhere to the setbacks. You cannot possibly build even one unit on the plot, the developer is building 6 units! Further more, there is no sewer connection, that means he has to use a septic tank. Septic tanks have been outlawed by NEMA. Will the developer install Waste Water Treatment Plants? The neighbouring resident associations have condemned the construction also a basic requirement by law (You need the neighbours approval to construct anything) which has been totally disregarded!

Based on this basic facts, how did the developer get a building permit from City Council? Who designed those houses for him completely disregarding the existing By-Laws? NEMA did not approve the construction. The owner has been defiant and continued construction and the matter is now in court…The developer will definitely loose the case, but he is still constructing and will sell the houses to unsuspecting buyers who will be hit by a demolition order from the Government. I am sure the courts will not pass a ruling until the developer has sold the houses.

Why does the court not stop such illegal construction till the matter is settled before court? The court should be fair by stopping all development till the matter is settled in court. This land grab has also been discussed in parliament where the issue was raised and nothing came out of it.

Currently the place is guarded by AP’s at night and private security during the day. After a few breaks, due to destruction by two fierce women (Maathai and Ngilu who lives nearby) construction has recently begun again!

This is a very good example of impunity in Kenya.

I wouldn’t be quick to fault the intentions of Kenya’s shining daughter, Prof. Maathai. It is not her fault that someone has grabbed this land. Plus we can’t expect the greenbelt movement to be the sole police of all land allocations. I hope someone with more info on this posts a comment on this soon.