Court declines to stop demolition of Ukay Centre
The High Court has declined to issue orders stopping the government from demolishing the Ukay Centre situated in Westlands, Nairobi County.
Owners of the Ukay building moved to court on Thursday claiming that they have a legitimate fear that the establishment, worth Ksh.900 million is in imminent danger of illegal demolition.
They urged the court to issue conservatory orders restraining government agencies from interfering with the property until their case is heard and determined.
Justice Wilfrida Okwany, however, declined to issue the orders sought and instead directed the matter to be served to the respondents ahead of an inter party hearing on August 14.
The respondents in the case include NEMA, the Nairobi County Government, Water Resource Management Authority, the National Youth Service and Attorney General.
In the petition, the landlords claim that the Nairobi City Council duly approved the construction of their premises in 1994 on the basis of building plans which were submitted and the building plans were approved on July 16 of the same year.
“The petitioner has a legitimate expectation that any buildings located on its property are properly and legally thereon and Nairobi City County having authorised construction, it should be stopped from claiming otherwise and any other subsequent laws which purports to change the definition of a riparian section after the construction offends our legitimate expectation that he would enjoy quiet possession of the property,” the court papers read.
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