Blow to Developer as Court Orders Demolition of Building over Contempt of Court
By Shadrack Nyakoe
In a significant legal victory, two developers have been fined Ksh 2 million each or face a 30-day jail term, while five senior officers of the Nairobi City County Government have been conditionally pardoned over an ongoing illegal development along Taza Lane, City Park Drive, Parklands.
This decision was handed down by the Environment and Land Court (ELC).
Ali Ibrahim Hamamed and Yusuf Asker Mohamed of Ameey Homes Limited were found guilty of contempt by Justice Angote for refusing to obey a court order issued on May 25, 2023. Despite the order, they continued constructing a 16-floor residential apartment building, which is now nearing completion.
Additionally, County Government Officers, including Patrick Analo (County Secretary), Stephen Gathuita Mwangi (CECM), Richard Mumo, Stephen Mwadime, and Fredrick Ochanda, were also found in contempt of court for failing to halt the illegal development, as mandated by the ELC Court.
The court had ordered the cessation of construction on May 25, 2023, when the building was at the 11th floor. The developers ignored this order and continued building up to the 15th floor, adding a swimming pool and selling several units at prices ranging from Ksh 18 million to Ksh 20 million.
Justice Angote has now directed that the contempt be purged by demolishing the construction work undertaken by the developers from May 25, 2023.
The OCS of Parklands Police Station has been instructed to provide security to the County Officers during the execution of these demolition orders.
Demolition