Nyali no longer a preserve of the rich

By Willis Oketch

New housing developments in Nyali. [Photo:Willis Oketch]

Nyali estate, which has been a playground of the wealthy for over 40 years, has opened its gates to ordinary mortals — though reluctantly.

Gradually, the exclusive neighbourhood of stately houses and high fences is becoming a business hub with highrise commercial buildings coming up along Links Road, its main thoroughfare.

The area is shedding its old tag as a preserve for the very rich.

Last month, the High Court weighed opened up the area further when it struck out an application by a resident of Nyali who had sought an order to stop construction of highrise buildings in the area.

It is like a decaying estate getting a new lease of life as new buildings replace the old ones.

A former Mombasa Town Clerk, Wycliff Omuhongo says initially, the council had made plans for the area to have only residential houses. He however says the changes taking place are inevitable.

“People were allocated one to two acres of land each in this place to strictly develop family homes and not highrise buildings,” he said.

Mr Omuhongo, who is land vendor says due to population pressure in the town and high demand for property in the area, the situation has changed. 

“There is high demand for a good place to live in Mombasa which is only found in Nyali,” says Mr Omuhongo.

He describes the old Nyali as a decaying neighbourhood that is now bubbling with new developments such as residential apartments. However, Mombasa Town Clerk Tubman Otieno says the council will not allow the construction of any more highrise buildings.

He says the council’s by-laws do not allow the highrise buildings in the area.

Nyali is one of the areas which was zoned not to have highrise buildings.

He says Mombasa being a humid town especially during the hot season, the sea breeze is supposed to reach people living in other areas.

This is one of the reasons why it was decided that no highrise building would be constructed in seafront estates like Nyali.

Garissa County Commissioner Mohamed Maalim says whoever decided that no tall buildings should be erected in Nyali knew what he was doing.

Fresh air

Mr Maalim, a former Mombasa District Commissioner, opposes the idea of allowing construction of buildings along Shanzu, Bamburi and Nyali seafronts to allow breeze to reach interior of the town.

The new developments have put some old Nyali residents in a dilemma over whether to continue living there or relocate to other areas. They say their dream of living in a quiet neighbourhood has been shattered by the court’s decision.

“Our attempt to stop interference with our way of life was stopped when an application to stop construction of highrise buildings in Nyali was rejected,” says a resident.

Respect our rights

The residents say after spending fortunes to buy expensive plots in the area, is unfortunate the court decided not to respect our rights.

“We bought the plots because we thought we would be assured of fresh air, direct sea breezes and a private life,” says a resident.

Last month, Justice Hannah Okwengu struck out an application by Mutanga Tea and Coffee Company which had sued a real estate company, Shikara for constructing a storeyed building in New Nyali.

Mutang Tea and Coffee Company owners accused Mombasa Town Council of approving the plan for construction of highrise buildings contrary to the Physical Planning Act. But Shikara’s lawyer, Wamuti Ndegwa raised a preliminary objection that the court had no jurisdiction to proceed with the application.

The applicants wanted the court to stop the construction on the grounds that New Nyali area was set aside solely for single-family residential buildings.

The company said the council’s decision to approve the construction of multi-storey residential building by Shikara adjacent to their plot was unlawful.

The company also wanted the court to compel the council to ensure no construction other than those allowed in the area were erected.

But Mr Ndegwa faulted the company owners for bringing the suit to court without following the law. The lawyer said the law dictates that when anyone has a complaint against approval of any development plan, they should first go to a tribunal before resorting to court.

Resist growth

Mr Ndgewa pointed out that anybody aggrieved by the decision of the Director of Physical Planning had a right to appeal to the local Liaison Committee within 60 days.

He said they also had a right to appeal to the National Liaison Committee.

The company had complained that construction of highrise buildings would deny them fresh air, natural light and sea breeze.

But a real estate developer in Mombasa, Mwenda Thuranira dismisses those opposed to development of highrise buildings in Nyali claiming they are selfish.

Mr Thuranira argues that it is unfair for wealthy people who can afford to buy a plot at Sh120 million an acre in Nyali to lock out others from accessing sea breeze and fresh air.

He says in developed cities with good beaches such as Miami and Hong Kong, there are many highrise buildings.

Since very few people can afford a piece of land in Nyali, it is fair for developers to come up with apartments that cost much less.

“Everybody wants the view of sea at affordable cost and that is why we need highrise buildings of 10-50 floors to accommodate more people,” Mr Thuranira says.

He advises those opposed to highrise buildings to move to either Vipingo in Kilifi, Malindi or Tiwi in Kwale County.

“You cannot resist growth of the town when its time has come and that is why Nyali is becoming a modern Central Business District CBD,” says Mr Thuranira.