Court extends orders barring building approvals in Parklands

The High Court has extended orders barring Nairobi County Government from approving or processing any new developments in Parklands.
Environment and Land court Judge Anne Amollo restrained the Nairobi County government from approving the developments following a petition by Parklands Residents Association.
The court order stopped the county Director of Physical Planning and Land Use Planning, the county committee on physical land use, from considering any application or processing any application for development permission on properties located in Parklands
“A conservatory order is issued stopping any developments on Parklands Road, Ojijo Road, Prof. Wangari Mathai Road, part of Murang’a Road, the edges of Mathare River past Limuru Road and to the edges of the Gitathuru River”, the court order reads.
The order further prohibited development near Deep Sea Slum Area, Eldama Ravine Road, Ring Road Parklands, pending hearing and determination of the case.
The association through its representatives Kamalkumar Rajnikant Sanghani, Jags Kaur and Teddy Obiero, filed the case seeking to stop the ongoing developments.
The residents claimed that 106 properties were upcoming.
They submitted through their lawyer, Ndambiri, that the county government had deliberately and knowingly refused to perform their statutory duties and mandates as required by law.
These include the failure to constitute a County Physical and Land use Consultative Forum, initiate preparation, development and publication of the County Physical.
The lawyer said the county has also failed to constitute a forum on land use development Plan and initiate preparation, development and publication of the Local Physical and Land Use Development Plan for the Parklands Area.
The beneficiaries, they said, have been obtaining irregular and unprocedural permissions to undertake development activities that have, and continue breaching, violating, infringing or threatening their rights and those of the general public.
“Nairobi county government and physical and planning committee have also knowingly and deliberately refused to stop and halt the illegal and irregular developments in the area, despite the obvious powers provided under PLUPA 2019 and the Regulations thereat in respect to control of land use and planning,” the lawyer submitted.
According to the residents, the Parklands Area, which boasts of rich community history, natural heritage and natural resources, is now threatened by people and persons who have, and continue undertaking, what they call ‘development and urbanization’ projects.