Illegal buildings on way leaves to be demolished

By Harold Ayodo

Unplanned construction of residential houses is to blame for poor sanitation in several estates in Nairobi. Housing Minister Soita Shitanda recently noted that some upcoming estates lacked proper sewerage systems. The Architectural Association of Kenya (AAK) has also warned against mushrooming buildings that flout building codes.

At the same time, the Nairobi Water and Sewerage Company (NWSC) says water shortage in populous estates like Umoja are partly attributed to unregulated flats. The infrastructure in Umoja, dating back to the 1980s, was meant for a population of 6,000 but it currently supports over 20,000 families, according to the City Council of Nairobi.

NWSC technical director Joseph Kimani says most sewerage blockages in Eastlands are due to unauthorised connections to sewers. Dumping of solid wastes in open manholes is also not strange in parts of Eastlands due to population pressure. The bigger problem is the grabbing of way leaves and construction of illegal permanent structures on top of the sewer line.

Apart for unending construction, flooded roads partly due to waterlogged sewers bursting and pouring effluent into the streets are also reminiscent Eastleigh, which is part of Eastlands. This is a nightmare that most residents in the area wake up to.

Eastleigh acquired its name in 1921 after the colonial government made it a township, according to Council records. The colonial master plan earmarked Eastleigh for Asians and elite Africans among them clerks, builders and shoemakers.

Negative repercussions

A section of Eastleigh. The Way Leaves Act allows Government contractors to survey any land at anytime before laying sewer lines. Photo: file

Although the National Environmental Management Authority (Nema) recently shouted itself hoarse over negative repercussions of unplanned and irregular buildings on the flora and fauna, not much has changed. The Government, however, can restore sanity to parts of Eastlands by invoking provisions of the Way Leaves Act.

A way leave is a right-of-way granted by a property owner for developments like laying a water pipe, sewers, oil pipeline, telephone cables, roads and power lines. The Kenya Power & Lighting Company is an example of a firm that seeks consent from owners to use the way leaves when their land will be traversed by proposed power lines.

Private developers who have erected illegal residential houses on top of sewer lines should be the first to make way. The Government has powers to alter or demolish buildings constructed in contravention of the Act.

The Way Leaves Act, which has been in operation since November 12, 1912, provides for a paltry fine of Sh150 for illegal constructions on sewer lines. Property law also empowers the State to lay sewers, drainages or pipelines into or through any land. The powers also apply to private property but only after owners have been issued with a one-month notice either directly or through publication in the Gazette. The notice can also be pasted in a conspicuous position on the private property where the sewer lines are intended to pass through.

Compensation

Property owners can then object to the notifications by writing letters to the District Commissioner stating their reasons — within the month. The relevant authorities will then appoint people to probe the reasons for objection as presented by the private property.

The Way Leaves Act allows contractors of the Government to enter into any land at anytime for purposes of surveying before laying sewer lines. The contractors may also enter the property for purposes of inspecting, repairing, removing, re-laying or cleansing sewer lines. Owners of private property can, however, be compensated for any destructions on their land, including crops and trees.

Investors can also complain to the District Commissioner in cases where compensation paid by the Government is below their loss. If no agreement is reached, the DC’s decisions can be appealed to the Provincial Commissioner.