The Environment and Land court Tuesday temporarily stopped the renting or leasing out of a property based in Eastleigh, Nairobi.
Justice Anne Omollo however did not halt the ongoing construction, allowing it to proceed, pending the company's filing of their replying affidavit.
This is after Eastleigh residents moved to court seeking orders blocking the leasing, subletting or granting access to the general public.
"Orders of interim injunction are issued stopping the defendant from renting out/leasing the suit premises to any person until the application is heard and determined.”
"The construction is not stopped to allow the Defendant to file their replying affidavit," the judge ruled.
The residents alleged that the property is being developed in disregard of stop-work orders issued by the National Construction Authority (NCA) and Nairobi City County Planning Compliance & Enforcement.
The Eastleigh Leaders Forum through their lawyer Swaleh Yusuf, argued that the NCA had flagged the site for its failure to observe basic safety protocols after two workers fell to their deaths earlier in the year.
They argue that the company continued construction leading to the death of three more workers on-site, bringing the total death toll to five.
Yusuf alleges that the most recent victim was Julius Wekesa Wanyonyi, a worker who fell from the second floor of the building.
"On February 22, 2023 the 3rd Interested Party herein issued an enforcement notice against the Defendant/Respondent herein requiring it to stop any further constructions on all that property known as LR. No. 36/11/15 located in Eastleigh within Nairobi City County, hereafter 'the suit property, and to avail copies of the approved plans of the building from the National Construction Authority," read court documents.
They added the building is being constructed close to power lines, allegedly in violation of planning regulations.
“This construction is not only endangering the workers but also the entire community around the site," argued the residents.
Despite multiple reports made to the police and appeals to the relevant authorities they argue, no concrete action has been taken to enforce the stop-work orders.
The judge ordered the respondents and interested parties to file their respective replying affidavits within 10 days from October 15.
The court scheduled the submissions to be highlighted on November 20.
In the suit, the National Construction Authority, the National Environment and Management Authority and the director of Nairobi City County Planning Compliance and Enforcement have been listed as the interested parties.