Collapsed building had been condemned

The building that collapsed in Embakasi killing at least four people had been earmarked for demolition by the City Council two years ago.

The developer of the building however moved to court stopping the demolition resulting to a battle whose climax was a court order that Town Clerk Philip Kisia be committed to 21 days civil jail.

Mr Kisia was at pains on Thursday, to explain the council’s efforts to stop the construction of the house in Pipeline estate.

The clerk further sent alarm over other illegal buildings in Embakasi-Pipeline, Kahawa West Phase II, Tassia, Umoja Zone 8 and 9, Kayole, Roysambu and Mwiki and cautioned tenants against occupying them.

He said council employees had been blocked from inspecting construction work in the estates by illegal gangs.

In Parliament, Local Government minister Musalia Mudavadi was put to task by MPs over his ministry’s apparent laxity in implementing bylaws across the country, resulting in the construction of illegal buildings.

Mr Mudavadi assured the MPs there would be “no mercy, no sympathy and no complacency” in implementing bylaws in Nairobi as the council has joined the Provincial Security Committee.

He also admitted the zoning and rezoning of urban centres has in the past been conducted without the involvement and contribution of the public. In the Pipeline estate tragedy, the owner had used the courts to block the council from enforcing the law, it was said.
But MPs said such cases were prevalent across the country.

Mr Kisia said council efforts to enforce bylaws for orderly and sustainable urban development have been hampered by the judiciary which often issues injunctions allowing for construction of illegal buildings.

“One of the biggest frustrations has come from the judicial arm of the government which has on many occasions given injunctions and restraining orders against the council whenever it attempts to enforce its by-laws and the physical planning Act provisions against illegal developments,” Mr Kisia said.

The clerk said the Judiciary and its officers should be held responsible whenever buildings collapse after they stop the council from demolishing them.

Mr Kisia said he council issued enforcement notices against the Embakasi building on March 31, 2011 and April 19, 2011.
The council also tried to block the illegal construction of the building when it started in 2009 but the developers moved to court seeking restraining orders against the council and four others.

The interim orders were issued on April 8, 2009 by Mr Justice Dulo before being extended on June 17, 2009, a thing Mr Kisia said tied the council’s hands.

Mr Kisia and the other defendants were also later accused of trying to demolish the building and ordered that they be committed to civil jail for 21 days.

The council, however, appealed against the orders and thus stopped the arrests. The case was to be mentioned before Mr Justice Aggrey Muchelule on July 28.

The Town Clerk said the council should not be blamed for not stopping the construction of the Embakasi building as the issue was in court.

He said the council had warned that the building could collapse and lead to loss of lives.

“Citizens need not be so desperate as to shield unscrupulous developers to continue to put innocent citizen’s lives at risk.”
The public, Mr Kisia said, needs to demand accountability from the developers and landlords to provide certified documents issued by the council and other competent authorities to show that the construction of the building they intend occupy has undergone vigorous scrutiny, approval, inspections and duly certified for occupation.

The City Director of Planning said the developer of the Embakasi building was not known as the construction was controlled by hired gangs. The property is not registered, he added.

Mr Kisia said there were many illegal buildings worth billions of shillings in the city that were developed over the last 20 years.
Some of the developments, he said, encroached into public land and that the council requires political will, judiciary support and huge resources to demolish them.

He said the council employees further require security while enforcing the by-laws saying a number had been killed or injured.
The clerk added that he had received threatening calls and anonymous letters for spearheading the destruction of illegal buildings but vowed that the exercise will continue until sanity returns to the city.
“We shall not spare anybody whether the person is in politics or in Parliament but we are urging the judiciary to support us,” Mr Kisia said.

A house belonging to Lands assistant minister Bifwoli Wakoli is among those that were recently destroyed by the council.
On Thursday, Mr Kisia said there are many other cases pending in court stopping the council from demolishing certain premises.
The clerk also called on professionals, including association of engineers and architects, to support the council in its work.

“Developers construct houses and business premises which are to be used by other Kenyans who have a right to safe, secure and livable accommodation whether for residential or business,” Mr Kisia said.

He said developers must seek permission from the council before starting any construction for their activities to be regulated and for public interest including habitability and safety of their construction and operation of the evolved structures to be achieved.