Acting Nairobi County Secretary Patrick Analo and County Executive Committee Member for Urban Planning Stephen Gathuita Mwangi together with ten others have been found guilty of neglecting and disobeying court orders by the Environment Court.
The County Secretary together with the CECM failed to stop the ongoing construction as instructed by the court claiming that the photos presented in court by petitioners showing ongoing construction as fake.
“The petitioners’ application dated June 14, 2023 therefore succeeds as follows: Patrick Analo Akivaga (County Secretary, Nairobi City County Government) (for 1st Respondent), Stephen Gathuita Mwangi (3rd Respondent), Richard Mumo (5th Respondent), Fredrick Ochanda (6th Respondent), Stella Nyamu (Secretary, Sustainable Development Solutions Limited) (for 2nd Interested Party), Ali Ibrahim Hamamed (3rd Interested Party), Yusuf Asker Mohamed (Director and shareholder, Ameey Homes Limited) (for 4th Interested Party), Arch. Salim Komora (5th Interested Party), Eng. Wilson Lepartobiko (6th Interested Party) and Burach Koch (Koch Construction Limited) (for 7th Interested Party) be and are hereby found and held guilty for refusing, failing, or neglecting to obey the Court’s orders given on 25th May 2023.” The court ruled.
In the previous ruling, the court had ordered developments on LR 209/7549 to stop until the hearing of the suit is heard and determined.
The two petitioners, David Ndambiri and Titus Kitonga moved to court seeking orders to have the respondents and interested parties held guilty of willful disobedience of court orders and sentenced accordingly.
In his affidavit, Ndambiri told the court that the 2023 order was served to the first seven respondents and first five interested parties on May 30, and even pasted on the entrance of the property.
He, however, stated that the orders were ignored and construction continued.
He produced evidence of photos to support his claims including some showing workers on site and vehicles from the Nairobi City County government visiting.
In his evidence to the court, Ndambiri also produced CCTV footage showing NCCG officials receiving money which is thought to be bribe for the construction to proceed.
This was in June 2023, after the serving of the orders.
The petitioner argued that the respondents were abetting the interested parties to continue with the construction activities, which he said was a further infringement of the people’s fundamental freedom to a clean and healthy environment.
Opposing the petition, County executive committee member for built urban planning Stephen Mwangi said they are not aware of any ongoing construction on the site.
He said on June 21, 2023, they visited the site to confirm that the construction was stopped.
Harambee Sacco said it had been wrongly enjoined in the suit as after getting the orders to stop the construction, it transferred the land to Sustainable Development Solutions Limited.
The court heard that save for Badli, every other officer in the suit held a senior position with the county’s built environment and urban planning sector which was reverted to the county from NMS.
All other respondents and interested averred that they had received the orders but refuted the claims of contempt.
Upon determination, Justice Angote found that the petitioners had satisfied the claims of contempt.
He found the respondents except Badi and the Attorney General, and the interested parties except Harambee Sacco guilty of contempt.
The court ordered them to appear before the court for mitigation before the sanction for the disobedience was pronounced.
“The abovenamed contemnors to appear personally in this court for mitigation and sentencing.” The ruling dated January 25, stated.
They were also ordered to pay the costs of the application.
