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Construction on plot no 1870/111/233 located on School lane ongoing despite suspension order by NCC. Who is fooling who?

Developers putting up buildings in Westlands in complete disregard of the law-

Residents of Westand’s school lane are up in arms against unprocedural erection of a building without carrying out the mandatory public participation.

A developer in blantant disregard of the laid down procedures as per the Nairobi county by laws have commenced excavation in readiness for the construction of a multi storey building near Westlands primary school on School lane. Despite petitions by the concerned residents, the construction is underway even as earth movers enter and leave with bolders and earth littering the road adjascent.

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By definition, a construction permit is a document issued by a local government authority to authorise the construction of a new building or to amend and renovate an existing building. It is the government permitting you to undertake construction works on a specific site.However before this is issued, a public participation must be carried out by the proponents of the project and the stakeholder ie neighbours and relevant government bodies.

Also, it is a legal requirement that all construction projects must undergo a permitting process before they start getting built. If you are planning to build, It is advisable you  first get the relevant approvals before you start any work on site.

With that said, the following are the entities that issue the four mandatory construction approvals in Kenya:

Your County Government’s Physical Planning Office
Public Health Office
National Environmental Management Authority, popularly known as NEMA
National Construction Authority, abbreviated as NCA.

The Nairobi county government has laid an elaborate process through which constructions are undertaken in the city county. It therefore raises pertinent questions when a developer disregards all the procedural approaches and proceeds to erect a building as the relevant authorities ie city planning watches as a toothless dog. This impunity only points to one direction which is the untouchability of the developer-sad.

Public participation as an intergral element before project approval.

Public participation is on the rise across all disciplines, and that is no exception for urban planning. By involving citizens in the decision making process, true value and co-creation of our urban environments can be realized.

Public participation contributes to better decisions because decision-makers have more complete information – in the form of additional facts, values, and perspectives obtained through public input – to bring to bear on the decision process

It is against the backdrop of the above facts that neighbours  petitioned the Nairobi city county against the developer sale push investments limitef for the lack of their input and lack of indulgence.

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Residence and neighbours on 31 school lane have petitioned the Nairobi county secretary over the  approval of building  a 31 storey building  on plot number 1870/11 1/233 without proper.

Members of the neighbourhood have vowed never to relent untill all the necessary procedure and due process is followed.

“As residence we are concerned about the project and the vast effects it will have. We just want a clear cut way out which can only be achieved through public participation. What the developer is purporting to have carried out if indeed be did cannot be authenticated. City hall has gone a step further and suspended the construction but the proponents are continuing to excavate in blantant defiance, we must have some order here” a resident of the Westlands residence association said.

By the time of posting this story, earthmovers and heavy machines were still onsight excavating never mind the conspicuous bold red marking on the perimeter wall suspending the construction. Efforts to seek clarity from city hall were futile as their numbers went unanswered.

the question now on everyones lips is, is the developer abover the law? Does the county government apply the laws sparingly? We shall keep following up.

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