KLDA Legal Success story

ELC PET. NO. 40 OF 2018- KLDA Vs. NCC

KLDA instituted legal proceedings in 2018 against the Nairobi City County Government for ignoring the Recognition Agreement between KLDA and Nairobi City County signed on 3 March 2017. The Recognition Agreement stated that development approvals by NCC within Karen/Lang’ata should involve residents and if their views are rejected, NCC should give reasons. KLDA sought orders compelling NCC to provide reasons including development permissions, Change of User and complying with LPDP.

Judgment was delivered on 21/10/2021 and KLDA won the suit in that the Environment and Land Court barred the Nairobi City County Government, its Officers or its agents from further approving developments without consulting the residents as aforesaid. The Advocates have already extracted orders to NCC and NEMA.

ELC JR. NO. 13 OF –BRUNO ILLI & 4 OTHERS Vs. POWER CHINA &
OTHERS
Power China International Group Limited made a proposal for a development on
LR No. 1008/2019 on Dagoretti Road and proposed to hold public participation
meeting virtually because of Covid 19. The proposed mixed-use development
comprised of:
a) A three-storey office block with a floor area of 9,186M2
b) Five three-storey residential blocks to house their local staff and
their guests
c) Two gate houses; and ancillary services building with a total
floor area of 180M2
d) 98 parking spaces with 2 loading bays for trucks
e) An existing dilapidated double-storey house that was to be
renovated into a residency
f) An on-site waste-water treatment plant and a water borehole.

KLDA proceeded to Court and got an order against a virtual public participation
meeting in view of serious environmental issues involved and thereafter entered a
consent on 24th November 2020 to have a public participation on the following
grounds:-
a) Their right to clean and healthy environment.
b) The environmental considerations arising from the proposed
project
c) The size and nature of the proposed project.
d) Whether the project falls within the current Local Physical
Development Plan (LPDP) for Karen/Langata areas.
Two public participation meetings were thereafter held and Powerchina was unable
to persuade the residents that could abide with the above issues. KLDA thereafter
wrote to NEMA not to grant a license and none has been granted to date. It is
understood that Powerchina has relocated to Ethiopia.