Justice George Odunga issued the order following an urgent application filed by Superior Homes which claimed that the Water Resources Management Authority (WARMA) had ordered for the demolition of eight modern houses by June 21.
The company through lawyer Philip Nyachoti said the enforcement of the order issued on May 31 could not be complied with since the timeline given was inadequate to ascertain the concreteness of the boundary dispute.
The lawyer told the judge that the decision by WARMA was illegal and unlawful as its contravenes the applicant’s legitimate expectation and is motivated by extraneous purposes other than those recognized by the law.
Nyachoti countered WARMA’s claim that the houses in question are on riparian land bordering River Athi, saying that the decision goes against a WARMA report dated September 3, 2013.
“The letter did confirm that the houses are outside boundaries of minimum and maximum distance allowance in respect of the riparian land,” the lawyer said.
He informed the court that it took the applicant time to file the application for judicial review as it had to engage independent surveyors to ascertain the disputed boundaries.
Nyachoti said the report by surveyors was submitted on June 11.