Developers in Nairobi County are ‘over the moon’ after Justice O. Angote, the Presiding Judge at ELC Milimani Court delivered a judgement that now allows them to proceed with construction works even when there are existing court orders stopping any construction activities, so long as they can pay penalties or fines on disobeyance of those orders.
In June 2022, Citizens filed petition on illegal development of a 13 – Level Apartment Building on City Park Drive, Parklands.
They also filed an application for injunctive orders.
The Injunctive orders were granted by the ELC Judge order compelling Nairobi County Government to stop all development activities pending determination of the petition. The Orders were ignored and disobeyed, and construction work continued.
The court then found the county govt officers and the developers of contempt and sentenced them to pay Ksh2M fine each.
Contemnors were also ordered to purge the contempt. They ignored the purge order and construction work continued.
A further contempt application was there after filed by the petitioners and Court gave directions that parties file submissions a the application and on the main petition.
Parties filed their respective submissions and court ordered that the ruling on the application and the main suit be delivered on the same date.
Ironically on the said date, the court delivered judgement on the main petition and dismissed it.
The same court gave another date to rule on the further contempt application.
“Judgement was made by Head Judge of ELC. All other judges have no otherwise but to follow this authority”, said one of the developer’s lawyers present during a celebration party held on Friday in Parklands.
Following the developments, petitioners have appealed against the judgment.