The Court has barred Nairobi County Government, its officers or its agents from approving developments within Karen without consulting the residents.
In it’s ruling the Environment and Land Court has also restrained the Country Government or its agents from approving or issuing development permissions or change of user for any development that does not comply with the local physical development plan and the approved plan as published in the Kenya Gazette.
This follows a petition by the Karen & Langata District Association (KLDA) challenging the development approval processes by the County.
The Court heard that KLDA had signed a recognition agreement with Nairobi City County signed in 2017 requiring development approval bodies to involve residents on development approvals.
The Association had expressed concern on the development of informal horticulture, informal trading activities in some areas within Karen as well as emergence of new multi dwelling developments and flats at odd with the general appearance and character of the area.
KLDA had its reservations on the rapid residential development without approval and covering higher than the permitted area of the land as well as the influx of the high density rental housing for low and medium workers and students.
Justice Loice Komingoi ruled that by failing to give effect to the recognition agreement of 2017 between the two parties, the County Government was in breach of its constitutional and statutory duties.
She further said the County Government must going forward provide the Association with relevant information and documents regarding a development application and an opportunity to participate in decision making.
The County Government was also ordered to appoint its representatives to the Physical planning liaison committee in line with the recognition agreement between the two parties and henceforth provide information on planning permissions applications on the petitioners zone.
Meanwhile the association has through the court successfully stopped the development proposed construction of Corporate Headquarters, staff residential houses by China International Group Limited on a piece of land located at the junction of warai road and dagoretti road karen.
The proposed mixed-use development comprised of a three-storey office block with a floor, five three-storey residential blocks to house their local staff and their guests among other amenities.
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