The Environment and Land Court has found Nairobi County Secretary Patrick Akivaga alongside nine others guilty of contempt.
In a ruling by ELC Judge Oscar Angote, he found that Akivaga and three others had disobeyed court orders issued on May 25, 2023.
"Patrick Analo Akivaga (county secretary), Stephen Gathuita Mwangi, Richard Mumo, Fredrick Ochanda, Stella Nyamu (Sustainable Development Solutions Limited), Ali Ibrahim Hamamed, Yusuf Asker Mohamed, (Director and Shareholder, Ameey Homes Limited), Salim Komora, Wilson Lepartobiko, Burach Koch (Koch Construction Limited) be and are hereby found and held guilty for refusing, failing or neglecting to obey the court's orders given on May 25, 2023," the judge ruled.
The previous orders had compelled them to stop any further development on land at City Park Drive Parklands pending the hearing and determination of the suit.
They were also directed to enforce the same on Sustainable Development Solutions Limited and five others, and their agents or servants, who were handling the development.
Two petitioners, David Ndambiri and Titus Kitonga, had moved to court seeking orders to have the respondents and interested parties held guilty of wilful disobedience of court orders and sentenced accordingly.
In the suit, they had listed the respondents as the defunct Nairobi Metropolitan Service, former NMS director general lieutenant general (rtd) Mohammed Badi, Stephen Mwangi, Stephen Mwandime, Richard Mumo, Fredrick Ochanda and the Attorney General.
The interested parties included Harambee Sacco and Cooperative Society Limited, Sustainable Development Solutions Limited, Ali Ibrahim, Ameey Homes Limited, Salim Komora, Wilson Lepartobiko and Koch Construction Limited.
In an affidavit, Ndambiri told the court that the 2023 order was served to the first seven respondents and first five interested parties on May 30, and even pasted on the entrance of the property.
He however stated that the orders were ignored and construction continued.
He produced photos to support his claims including some showing workers on site and vehicles from the Nairobi City County government visiting.
This was in June 2023, after the serving of the orders.
Ndambiri argued that the respondents were abetting the interested parties to continue with the construction activities, which he said was a further infringement of the people's fundamental freedom to a clean and healthy environment.
Opposing the petition, County executive committee member for built urban planning Stephen Mwangi said they are not aware of any ongoing construction on the site.
He said on June 21, 2023, they visited the site to confirm that the construction was stopped.
Harambee Sacco said it had been wrongly enjoined in the suit as after getting the orders to stop the construction, it transferred the land to Sustainable Development Solutions Limited.
The court heard that save for Badli, every other officer in the suit held a senior position with the county's built environment and urban planning sector which was reverted to the county from NMS.
All other respondents and interested averred that they had received the orders but refuted the claims of contempt.
Upon determination, Justice Angote found that the petitioners had satisfied the claims of contempt.
He found the respondents except Badi and the Attorney General, and the interested parties except Harambee Sacco guilty of contempt.
He ordered them to appear before the court for mitigation before the sanction for the disobedience was pronounced.
"The abovenamed contemnors to appear personally in this court for mitigation and sentencing," the ruling dated January 25, reads.
They were also ordered to pay the costs of the application.
