Homeowners in the upmarket Kizingo suburb of Mombasa are worried about their privacy after a property developer started putting up an 18-floor building with 53 apartments.
They argue that the project by Khansa Developers Ltd will not allow them to enjoy their privacy in their bedrooms and private swimming pools.
Led by Mohamed Abdalla, Salim Said, Abdulaziz Abbas, Bharat Devidas, Ketan Doshi and others, they have sued in the Environment and Land Court to stop the project.
They sued the firm, Ramesh Chandra Haria, Mombasa County and environment watchdog Nema, challenging the constitutionality and legality of the proposed development on land adjacent to their palatial homes.
They claim the project does not comply with the law and violates their fundamental rights to privacy and a clean environment.
“The development currently taking place fundamentally interferes with enjoyment and use of our properties,” they said in court documents.
They allege the developer did not consider the environmental impact of the project.
The proposed development, they say, is 17 floors higher than theirs and will violate their right to privacy.
Petitioners also accuse the developer of planning to build 53 apartments without proper social amenities, including a sewer system, water supply, an access road and proper drainage.
“The respondents have not provided proper mechanisms to caution us from the noise and air pollution as a result of the mega development. The heavy machines used in this massive development are likely to affect our houses in the long-term,” they said.
Justice Lucas Naikuni (third from left ) during a visit to the construction site in Kizingo, Mombasa County, where a property developer wants to put up a18-floor storey building.
They also accuse the county and Nema of colluding with the developer to issue development approvals without seeking the views of the public.
They allege that neither Nema nor the county held consultative meetings with the affected homeowners.
They accuse the two entities of failing to enforce applicable principles of the law, bylaws, guidelines and regulations governing such development.
“By failing to ensure compliance with the applicable laws and regulations, the resapondents have fundamentally trampled upon our rights to a clean and healthy environment. The development ought to be stopped and subjected to a proper environment audit,” the petitioners say.
They claim the developer has not taken any measures to prevent dust from spilling over to their residences and that there will be massive dust emissions that will harm their health.
They want the proposed development declared illegal, null and void for failing to comply with the law.
They also want the developer to be permanently barred from continuing with the project until proper public participation is conducted and the views of locals taken into account.
“The proposed project should be stopped until a fresh environmental impact assessment is carried out within the law and a report submitted to Nema, petitioners herein and the locals,” they say.
They also want the project subjected to a proper environmental audit, and a report prepared detailing the short and long-term effects of the project on the environment and locals.
“The petitioners also pray for a permanent injunction restraining the county and Nema from issuing any or further development approvals to the developer prior to compliance with the law,” they plead.
On Monday, Justice Lucas Naikuni and the parties in the case visited the site of the proposed development on Rashid Sajad Road and neighbouring houses. BY DAILY NATION