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A businessman is seeking court intervention to stop the construction of a building he claims is a threat to residents of Kangara Road in Lavington, Nairobi county.

In an application filed by lawyer Clinton Mwale, Symolink Company and Ayaga Sangale claim they are the neighbours to the land Makao Fahari company is excavating without legal approvals from National Environmental Management Authority and other authorities.

Sangale says he is the registered proprietor of land parcel LR.330/693 that LR.330/1377, Symolink company owns /BLOCK 14/365 original No. 330/1378 while Makao Fahari owns on LR No. NAIROBI/BLOCK 14/365 (Original No. 330/1377), along Kangara Road.

Sangale states that the adjacent plot LR No. NAIROBI/BLOCK 14/365 Original No. 330/1378 has a development of eleven storeys with 33 apartments poses a great risk to his matrimonial home on LR. 330/693.

Symolink says Makao Fahari has commenced illegal extensive beacon-to-beacon excavation and 18-floor construction on their property, that includes three basement floors adjacent to his property, causing significant destruction to him and a neighbouring building.

“It is foreseeable that the ongoing illegal beacon to beacon excavation is not only dangerously exposing Sankale’s family incase the adjacent building of 11-storey (with 33 apartments) on plot LR. No. NAIROBI/BLOCK 14/365 Original No. 330/1378 collapses but it may cause  destruction on the Plaintiff/Applicant’s and that neighboring property which would in turn make the them inhabitable,” they claims in court papers.

He says Makao Fahari commenced the construction of an 18-storey building, 270 units on an area that is less than half an acre contrary to the county’s building regulations and its net effect will heavily compromise the structural integrity of the Plaintiff/Applicant’s matrimonial building and neighboring 33 apartment in a 11-storey building which has no underground basement.

“The proposed development by the respondent is irregular, unlawful and contrary to the 1st interested party’s zoning policy and building regulations,” Symolink states.

They said the development will create a real health hazard as the same will interfere with air circulation to the petitioner’s property and will create a round the year incessant exhaust fumes emission emanating from the cars parked in both the underground and ground level parking lots bordering the windows of the apartments.