High Court bar Alfatop Limited from renting or leasing city building in Eastleigh over safety concerns
A city developer, Alfatop Limited has suffered a blow after the High Court barred it from renting or leasing a block of apartments it owns in Nairobi’s Eastleigh area over occupation safety concerns following deaths of five residents at the premises during its construction.
According to the documents filed in court, the Nairobi County Urban Planning department and the National Construction Authority (NCA) has separately condemned the building in question and issued enforcement notice requiring stoppage of further construction due to non-compliance.
In an application already certified urgent by High Court judge Anne Omollo said she had not stopped the construction of the building to allow Alfatop Limited to file their replying affidavit.
The injuction orders were issued after chairman of Eastleigh Leaders Forum, a community based organization (CBO) sued Alfatop Limited claiming that it undertook constructions without any due regard to safety measures and protocols on the construction site.
In his petition, Hamisi Ali also accused the construction company of undertaking constructions without regard to the safety of the workers therein or the members of the community living and working for gain within the area.
“Orders of interim injunction are issued stopping the Defendant from renting out/leasing the suit premises to any person until the application is heard and determined. The construction is not stopped to allow the Defendant to file their replying affidavits.” The order reads in part.
The case will be mentioned on November 20, 2024 for highlighting submissions.
Further, Hamisi accused Alfatop Limited of constructing without approved plans and without adequate safety measures on the site.
He states that the company has continued with constructions in violation of the notices against the same by the relevant authorities including Nairobi County planning and compliance and enforcement.
Hamisi claim that on February 22, 2023 the Nairobi County Planning and Compliance Director issued an enforcement notice against the company requiring it to stop any further constructions on the suit property and to avail copies of the approved plans of the building from the National Construction Authority (NCA).
He further states that NCA had similarly stopped further constructions on the suit due to safety concerns on violation of safety protocols and lack of any safety measures in the construction of the building as two people, being workers at the sight, had fallen to their demise.
According to documents filed in court, despite the stoppage orders by Nairobi County and NCA due to non-compliance, Alfatop Limited has been continuing with reckless and dangerous constructions on the suit property without any of the aforementioned approved plans or regard to any such safety protocols as are required.
“As a result, a total of five people have now lost their lives since the said constructions began with the recent being one Julius Wekesa Wanyonyi (deceased), a worker on site who fell to his demise from the second floor of the said building due to lack of safety nets which are part of the basic safety protocols for constructions of such magnitudes and others were either electrocuted or similarly fell to their deaths.” Hamisi states in court documents.
He says that three of the five deceased persons passed on within a period of 2 months after the notices directing the Defendant to stop any further constructions on the suit property were issued and it cannot be in doubt that the ongoing constructions therein are health and safety hazard not only to the workers therein, but also to the members of the public living and working within the area.
Further, Hamisi states that the defendant, Alfatop Limited is nonetheless, without due regard to human lives and safety continuing with its constructions dangerously close to power lines without any safety measures which has endangered the lives of not only its workers but also members of the community around the site and is further constructing the building thereon from beacon to beacon in violation of the planning regulations.
“We reported the matter to the police and even written to the Interested Parties herein for redress but not action has been taken hence the need for this honorable’s court intervention.” Hamisi says in court documents.
The plaintiff, Eastleigh Leaders Forum contends that the actions of the defendant, Alfatop Limited, being the constructions undertaken on the suit property are improper, illegal and hazardous to the members of the community in violation of their rights to a safe and healthy environment hence the present action.
He sought an order of permanent injunction be issued restraining Alfatop Limited its agents, servants, employees and/or anyone acting at its behest from continuing with any further constructions on all that property known as LR No. 36/11/15 located in Eastleigh within Nairobi City County.
“A mandatory order be and is hereby issued directing the defendant to avail before this honourable copies of the approved building plans for the constructions it has been undertaking on all that property known as LR No. 36/11/15 located in Eastleigh within Nairobi City County and account with the safety measure and/or protocols it has put in place to ensure the safety of the workers and members of the community living and working within the area.” He says.
