Machakos High Court on Wednesday barred the Water Resources Authority (WRA) from executing a demolition notice of houses within Greenpark Estate until the case is heard and determined.
The stay orders come as a relief to the affected homeowners of the Greenpark community after their story was aired on Citizen TV on Sunday Live.
The case was filed by Superior Homes Kenya under the certificate of urgency after WRA had on May 31, 2018, issued Enforcement Orders and removal within 21 days of various residential units erected in the estate.
The eight units are Houses No. TB 023 A, FB 024A, TB 025A, FB 026A, FB 027A, FB 028 A, FB 029 A and FB 030A.
According to the application, as filed by Nyanchoti and Company Advocates; “the said houses have already been sold to the interested parties herein and the applicant is under contractual duty and obligation under the subject leases with the interested parties to guarantee quiet possession and enjoyment of the said houses on the property.”
Superior Homes Kenya termed the enforcement orders, which were to be executed on June 21, 2018, as “unreasonable, illogical, illegal, untenable, contravenes the Applicant’s legitimate expectation and is indeed motivated by extraneous purposes other than those recognized in law.”
The houses were earmarked for demolition under the claim that they were built on riparian land. Some of the homeowners now say they want compensation for their investments.
However, according to Superior Homes Kenya, “the entire boundaries of the property are in fact compliant and outside the minimum and maximum distance allowances in respect of riparian land.”
The real estate company further states that it sought the services of independent surveyors to ascertain the correct and accurate position of the land.
The report by the surveyors, as stated by Superior Homes Kenya confirmed “that there is no encroachment at all by the Applicant’s property on the alleged riparian land thus the absurdity of the Respondent’s Orders.”
Interested parties listed in the case include Gems Management Limited, Michael Anthony Nyabuti, Rosalind Katumbi Koti, Nancy Nthambi Katingima, James Maingi Mbithi & Emma Mbinya Mutio, Daniel Gichuki Kariuki & Emily Njeri Karoki, Faith Wangui Thiongo & Allan Njugi Murimi, Stella Bonareri Mogere & Kepha Nyamongo Oenga, Anthony Maganda Chacha & Ruth Muthoni Njihia.
In a statement to newsrooms after the enforcement orders were quashed by the court, Superior Homes Kenya CEO Ian Henderson said, “Superior Homes reiterates its commitment to the responsibility of supporting the affected homeowners through the process of resolving this matter.”