A legal battle is looming as Nairobi Metropolitan Services (NMS) and residents of Kilimani fight to stop a Chinese developer from constructing a 15-floor apartment.
Ever Forgarden Limited is planning to put up the building that will have 870 units, including one-bedroom houses, on 0.463 hectares but the residents have said the project, if allowed, will violate the area's policy.
At the same time, NMS has opposed the project after raising queries with its drawings as presented in the documents submitted for approval.
NMS, in its letter to the developer, says that the drawings presented to them do not provide sufficient information.
NMS director-general Mohammed Badi also states that the lounges, as per the drawings, are not well ventilated.
“The 870 units on a 0.463 ha are not acceptable since they exceed the ratios provided,” says the letter by NMS director for lands, housing, and urban renewal Mr S. Mwangi, stopping the construction.
It continues: “You are, therefore, advised to stop further construction forthwith as per our enforcement notice to avoid legal action from Nairobi Metropolitan Services.”
The development in the contest is on L.R No.1/402 along Kindaruma Road in Nairobi.
The residents, through their lawyer Lesinko Njoroge, complained that the building will worsen the traffic flow in the area.
The residents also claimed there is no provision for parking at the site.
“The property is extremely small resulting in parking on the road both during the construction phase and on the implementation of the project. Indeed with 885 units proposed, the parking space is not sufficient,” wrote Njoroge.
Another concern by the residents is that there will be a water shortage, sewer problems, and intrusion of privacy if the project is allowed. According to the complaint written on December 14, 2021, owners of neighbouring plots claimed their privacy will be compromised as they will be exposed due to the height of the building.
The plans of the building were approved on October 13, 2021.
The battle will be centred around whether Ever Forgarden Limited had legitimate approvals from NMS and of it should continue construction or not.
It is not the first time residents of Kilimani are battling newcomers. Over the years, they have been in court battling high-end clubs accused of disturbing their peace.
Explorers Tavern, B-Club Nairobi, Space Lounge & Grill, and Kiza Restaurant & Lounge were dragged to court over the noise.
B-Club (Billions Club) was a franchise that started in Brussels and Dubai. It was launched in Nairobi in 2016 and is said to be owned by Barry Ndengeyingoma, alias Ndengenye, and his wife Samia. The club sits on the first floor of Galana Plaza off Ngong Road.
The club, in its court papers, said it invested more than Sh150 million, while Explorers Tavern proprietor Antonio Leting and another unnamed person said they splashed at least Sh50 million to set up their businesses.
Kiza, which was managed and co-owned by Joan Gitau alongside Niger national Ali Oumarou Moumouni, is said to have gobbled up Sh200 million, which went towards spicing up its VIP section, main lounge, cigar lounge, ballroom, and terrace.
Kilimani residents sued the clubs’ owners, complaining of the loud music from their establishments. They also said chaos from the clubs caused them a lot of anguish and stress, forcing some of them to spend nights and weekends away from their homes. This, the court heard, would start between Wednesday and Sunday.