Two Nairobi residents have moved to the High Court seeking orders to stop China Road and Bridge Corporation (CRBC) from carrying out excavations in a quarry that is adjacent to their residential houses, pending hearing and determination of their suit.
Jessie Kirongothi and Marilyn Wanjiru, through lawyer Lawrence Nyangito, alleged that the blasting of rocks and excavation works at the quarry has caused them undue suffering because their window panes have broken and their perimeter walls have cracked.
They said the company, which is involved in the construction of the Southern Bypass, has been operating the Ngong Veterinary Farm quarry, which is near their homes. They say the peace and serenity they once enjoyed has been replaced by noise.
They claimed the company has not attempted to take any action to reduce the noise or control the damage on their houses and adjacent property.
"Despite the respondent's undertaking to instruct its structural engineer to carry out an assessment and verification of the claims made in respect to the damages, no action has been forthcoming," they said.
They want the court to restrain CRBC from carrying out activities at the quarry until a proper environmental impact assessment is done and proper measures taken to prevent further damage to property.
In the suit papers filed yesterday, Mr Kirongothi and Ms Wanjiru said they have on several occasions raised concerns and notified the management of the company of the nuisance and the damage caused by the blasting and excavation works but the same has not received serious attention.
Nyangito told Justice Nyambura Gacheru, who certified the matter as urgent, that the company has not carried out an impact assessment to ascertain the extent of the damage caused.
The two want the court to compel the company to carry out repairs on the damaged property. Justice Gacheru directed the applicants to serve the company and appear before her on August 28 for inter partes hearing.
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