News
‘Judge Has Spoken’ Illegal Nairobi Developers Celebrates Judgment
Petitioners filed petition on illegal development on City Park Drive, Parklands of a 13-level apartment building. They also filed an application for injunctive orders.
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.
The Judgement arose from a petition filled in June 2022 opposing Illegal Development of 13 – Level apartment building on City Park Drive, Parklands. The petitioners had also filled an application for injuctive orders stopping any further development pending determination of the petition. The orders were granted compelling Nairobi County Government to stop all development activities pending determination of the petition.
The mandatory Injuctive Orders were ignored and disobeyed and construction work continued. The Petitioners filled a contempt of court application and the court found the county government officers and the developers of contempt and sentenced them to pay Ksh2M fine each.The Contemnors were also ordered to purge the contempt but they ignored the purge order and construction work continued.
A further contempt application was thereafter filed by the petitioners and Court gave directions that parties file submissions on the further contempt application and also on the main petition.Parties filed their respective submissions and court ordered that the ruling on the application and the main petition be delivered on the same date.
Ironically on the said date, the court delivered judgement on the main petition, dismissing the same.
The court did not rule on the application for further contempt and gave another date.
“Judgement was made by Head Judge of ELC. All other judges have no otherwise but to follow this authority”, said one of the developers lawyers present during a celebration party held on Friday in Parklands.
The Petitioners have since appealed against the judgment.
See attached.
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