Residents of New Nyali in Mombasa want the National Environment Tribunal to stop a private developer from erecting high-rise apartments on the beach.
The 19 residents filed a complaint with the National Environment Management Authority (Nema) stating that construction of the 10-storey and 18-storey buildings will deny them a view of the ocean, expose them to health issues, and lead to loss of business.
Lawyer Paul Buti appeared before the tribunal that is chaired by Christine Kipsang, Waithaka Ngaruiya and Kariuki Muigua where he argued that the developer had failed to consult his clients before embarking on construction.
The developer, however, has sued Nema and the Mombasa County Government for revoking the license to construct the three-block beach apartments.
Nema had issued a show-cause letter asking why the license should not be revoked on grounds of misrepresentation of facts.
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Nema lawyer Erastus Gitonga also sought to consolidate two affidavits from Coast Nema boss Samuel Lopokoiyit and the director-general into one so that he could present a single witness.
Gitonga said since there was a court order allowing construction to commence, the hearing date should be fixed within the earliest time possible for quick disposal of the matter.
On Wednesday, the NET sitting in Nairobi ruled that the case can proceed to a court hearing in Mombasa on November 5 and 6.