Kyuna Estate residents have accused a developer of going ahead with the construction of a petrol station in the posh estate despite a court order stopping the works.
Kyuna Neighbours Association (KNA) says in court papers that Maar Petroleum Ltd has proceeded with the construction of the pump station and service bay, despite an order issued by the National Environment Tribunal issued in February, stopping the construction.
The association through lawyer Wilfred Lusi says the developer has been cutting down trees and destroying the environment.
“That separately, the second respondent has been unlawfully undertaking its development through the night in gross violation of its irregularly issued license,” he said in a sworn statement.
The developer has filed an objection arguing that the tribunal lacks the power to determine the case.
The tribunal had directed the parties to maintain the status quo, barring further construction, pending the determination of the case.
Mr Lusi says the residents were forced to move back to court in March and obtained further orders directing the Spring Valley police station boss to ensure the developer complies with the directive.
The lawyer revealed that Shanzu Retreat Ltd also known as Sopa Town Houses ceased the construction following the court order after it emerged that the licences approving the construction of eight townhouses, were issued irregularly.
Dhiren’s Spa and Salon have also stopped further developments after being served with the tribunal’s order.
Mr Lusi, however, says the directors of Maar Petroleum, Yusuf Abdi Hussein and Omar Ibrahim Abdi, have continued with the construction.
Also named as respondents in the case are the National Environment Management Authority (Nema), the University of Nairobi and the director-general, Nairobi Metropolitan Services.
“The construction is also taking place in the night which is against the law,” states Mr Lusi in a court filing seeking a citing against the businessmen for contempt.
The residents claim that the approvals for the project issued by the various State agencies including the Nairobi City County, the Nema, Kenya Urban Roads Authority and the Energy Petroleum and Regulatory Authority were irregular.
The residents association in an affidavit signed by the chairman, Kimani Mathu said the projects violated the law and are unjustly compromising their safety.
The court documents attest approvals earlier issued to the developers were erroneous and were promptly revoked on grounds Kyuna lies in a zone that prohibits the proposed projects.
They said the plot lies in Zone Five of the Nairobi city development ordinances and zones, which stipulates the development of one residential dwelling house.