Andrew Omboto & 3 others v Mwalimu National Investment Co-operative Sacco Limited & another [2019] KEELC 2007 (KLR)
- Court
- Environment & Land Court
- Case number
- 2007
- Citation
- [2019] KEELC 2007 (KLR)
- Decided
- 8 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramK. BOR
Holding
The court declares that the Defendants' construction of the building on L.R. No. Nairobi/Block/140/85 is illegal and directs that the construction be demolished.
Facts
The Plaintiffs are residents of Nyayo Estate Embakasi and proprietors of parcels adjacent to the Defendants' property where the Defendants are constructing a multi-storey building for classrooms and an ablution block.
Issues
- Whether the Defendants' construction of the building on L.R. No. Nairobi/Block/140/85 is illegal.
- Whether the Defendants complied with the Physical Planning Act and Environmental Management and Coordination Act.
Reasoning
The court finds that the Defendants failed to publish the change of user in local dailies and display notices at the Embakasi Chief's office, violating Section 52 of the Physical Planning Act.
Outcome
Appeal upheld, construction demolished.
Orders
- Demolition of the Defendants' construction on L.R. No. Nairobi/Block/140/85
Remedies
- Permanent injunction against the Defendants
Authorities cited
Legislation (2)
- Physical Planning Act
- Environmental Management and Coordination Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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