The High Court in Machakos yesterday made a ruling, barring the Water Resources Authority (WRA) from carrying out a demolition notice on Green Park Estate pending hearing and determination of the case. The WRA had earmarked eight residential units in the estate for demolition on the basis that they were built on a riparian reserve.
The Green Park Estate in Athi River, developed by Superior Homes Kenya, has in the past few weeks been subjected to flood waters after runoff from heavy rains made way through the estate following the overflows from Soni Athi River. Several homeowners were affected.
Superior Homes Kenya had rushed to the courts, filling a case under the certificate of urgency after the Water Resources Authority issued and enforcement notice on 31st May for the demolition and removal within 21 days of the housing units supposedly in the riparian reserve.
The application, filled by Nyachoti and Company advocates, said that the enforcement orders due for June 21st, 2018 were “unreasonable, illogical, illegal, untenable, contravenes the Applicant’s legitimate expectation and is indeed motivated by extraneous purposes other than those recognized in law.”
Lawyer Philip Nyachoti argued “that the 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.”
As to whether part of the property was indeed in riparian territory, the developer insists that “the entire boundaries of the property are in fact compliant and outside the minimum and maximum distance allowances in respect of riparian land.” Superior Homes also referred to an independent assessment by surveyors who confirmed that there was no encroachment of riparian land.
The court order came as a relief to homeowners who had invested millions of their savings in the real estate. The court directed Superior Homes Kenya to serve WRA with the papers.