The Environment and Land Court in Malindi has ordered a temporary halt to construction of a tall building at Casuarina Beach in Malindi, Kilifi county.
Justice Mwangi Njoroge issued the ruling on Tuesday after certifying as urgent an application by resident Rita Valentini, until the case is heard and concluded.
Valentini has filed a lawsuit against Shadia Munini Faryd, the Kilifi county government, the National Environment Management Authority and the Attorney General.
She alleges they have violated local construction regulations.
Valentini, who is an environmentalist, claims Shadia is erecting a four-storey residential building, with approvals improperly granted by Kilifi and Nema, without due adherence to required procedures.
In her suit, she said Kilifi development policy and zoning guidelines designate Casuarina as a low-density residential area, only permitting the construction of villas, townhouses, maisonettes and bungalows.
Valentini, who has been in Malindi since 2008, said high-rise apartments are prohibited in the zone, especially near Bamboo Lane Road and the broader Casuarina area.
Her arguments were made through her lawyer Duncan Nyongesa.
Additionally, Valentini said the construction of the building lacked several key approvals: a change of land-use permit from Kilifi county; certification from the National Construction Authority (NCA), authorisation under the Physical Planning Act, and an Environmental Impact License from Nema.
“This development is illegal and poses risks to the environment and public safety, as the structural integrity of such a building is unknown. The construction violates Articles 42 and 70 of the Constitution ( 2010 ),” Valentini said.
She alleges Shadia removed trees and other vegetation from the property without obtaining the required approvals from Kilifi county and Nema.
They are named as the second and third respondents, respectively.
Efforts by Kilifi’s lawyer Benjamin Binyenya to quash the application were unsuccessful, as Justice Njoroge issued an order to suspend construction pending the case’s conclusion.
“Given the Constitution and Section 3 of the Environmental Management and Coordination Act, which supports the precautionary principle in environmental matters, this court deems it necessary to issue certain orders to protect the environment surrounding the disputed property,” Justice Njoroge said.
The court granted the application, pending a ruling on the preliminary objections raised by the first respondent.
To avoid delays, all parties were urged to adhere to allocated timelines.
The case will be mentioned on
December 17 to schedule a ruling on
the preliminary objections.
