Ukay Center owners in court to stop demolitions
Ukay Center owners have now moved to court seeking to stop the government from demolishing the building situated in Westlands, Nairobi County.
Through their lawyer, the owners of the Ukay building claim that they have a legitimate fear that the establishment, worth Ksh.900 million is in imminent danger of illegal demolition.
NEMA and Nairobi County have been named as respondents in the case. Also sued are Water Resource Management Authority, NYS and the AG.
“Pending the hearing and determination of the petition, conservatory orders do issue restraining the respondents herein by themselves, agents, servants or employees or any other governmental departmental, local authority, statutory body or agency from alienating, demolishing or in any manner interfering with the petitioner’s quiet possession of their property commonly known as UKAY Center,” read the papers.
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.
In an affidavit filed by Bismillah Shah, the MD, he claims that the county recently granted the company approvals for further construction on the suit premises by approving architectural plans in January 30, 2018 and further approved the building plans for the said proposed constructions on May 17, 2018.
According to their lawyer, they have disclosed an arguable case is likely to succeed upon the full determination of the petition and has further demonstrated threatened violation of its constitutional rights as set out in the petition.
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