The Environment and Land Court temporarily halted the renting or leasing of a property in Eastleigh, Nairobi, on Tuesday.
Justice Anne Omollo allowed ongoing construction to continue, pending the company’s submission of a replying affidavit.
This decision follows a legal action by Eastleigh residents seeking to block leasing, subletting, or public access to the property.
“An interim injunction is issued to prevent the defendant from renting or leasing the premises until the application is heard,” the judge stated.
Construction will not be stopped to give the defendant time to file their affidavit.
Residents allege that the property development disregards stop-work orders issued by the National Construction Authority (NCA) and Nairobi City County Planning Compliance & Enforcement.
Representing the Eastleigh Leaders Forum, lawyer Swaleh Yusuf argued that the NCA flagged the site for failing to meet safety protocols after two workers died earlier this year.
He claims that construction continued, resulting in the deaths of three more workers, raising the total to five.
Yusuf mentioned that the latest victim, Julius Wekesa Wanyonyi, fell from the second floor of the building.
Court documents state that on February 22, 2023, the NCA issued an enforcement notice demanding the cessation of all construction at the site, known as LR No. 36/11/15, and requested copies of the approved building plans.
The residents also allege that the construction is taking place near power lines, violating planning regulations.
“This construction endangers both the workers and the surrounding community,” they argued.
Despite numerous reports to the police and appeals to authorities, no effective action has been taken to enforce the stop-work orders.
The judge instructed the respondents and interested parties to submit their replying affidavits within ten days from October 15, with a court date set for November 20 to highlight the submissions.
The National Construction Authority, the National Environment and Management Authority, and the director of Nairobi City County Planning Compliance and Enforcement are listed as interested parties in the case.
