The Machakos High Court has blocked the Water Resources Authority (WARMA) from demolishing houses within the posh Greenpark Estate in Athi River until a case filed before it is heard and determined.
The agency had issued a demolition notice for several multi-million shilling palatial homes located within the estate, claiming they were constructed on riparian land.
High Court judge George Odunga issued the orders after an urgent application filed by the estate’s developer, Superior Homes, through lawyer Philip Nyachoti.
The units that had been marked for demolition included Houses No. TB 023 A, FB 024A, TB 025A, FB 026A, FB 027A, FB 028 A, FB 029 A and FB 030A.
“The said houses have already been sold to the interested parties herein and the applicant is under contractual duty and obligation under the subject leases with the interested parties to guarantee quiet possession and enjoyment of the said houses on the property,” the application reads.
Superior Homes Kenya further termed the demolition order as “unreasonable, illogical, illegal, untenable, contravenes the Applicant’s legitimate expectation and is indeed motivated by extraneous purposes other than those recognized in law.”
The real estate firm also says it hired the services of independent surveyors, who confirmed Warma’s letter of September 3rd 2013.
“This means therefore that there is no encroachment by Superior Homes on the alleged riparian land thus the absurdity of Warma’s Orders.”
“By Warma’s own admission, the distance of the masonry boundary wall of Superior Homes’ property from the river bank is 25 meters upstream and 30 meters downstream meaning no portion of the property has ever been on riparian land,” said the developer.
Further directions will be issued by the court on July 3rd.