No four-storey buildings here thank you, sir, this is Riat Hills

The building at teh centre of controversy that has seen nine residents of Riat Hills take a developer to court, arguing that he had not adhered to the county’s zoning laws.ontoversial building in Riat Hills in Kisumu. PHOTO | ELVIS ONDIEKI

What you need to know:

  • The case, filed on January 19, saw the  judge, Mr Anthony Kaniaru, issue orders temporarily barring Mr Odhiambo from continuing with the construction.
  •  Mr Odhiambo began the construction in October last year after getting the approval of Kisumu County’s city planning director.
  • The case has brought to fore  zoning laws  in Kisumu, especially in posh estates which have been attracting developers. Riat and Milimani — two of the posh estates in the lakeside town — are only restricted to bungalows.

A case that could have far-reaching implications has begun in Kisumu after nine residents of Riat Hills took a developer to court, arguing that he had  not adhered to the county’s zoning laws.

The nine — six men and three women — say a four-storey building being put up in the area by a Mr Caleb Odhiambo is likely to negatively affect the ambience of the area.

“The building will block [my clients’] houses from receiving natural light and fresh air, thereby violating their right to a clean and healthy environment as recognised in the Constitution and environmental legislation,” their lawyer Peter Onyango, says in papers filed in court.

Saying  the building might also  lead to insecurity, the residents argue that it is contrary to the Kisumu County zoning policy to have such a building in the locality because it will also negatively affect on the environment.

The case, filed on January 19, saw the  judge, Mr Anthony Kaniaru, issue orders temporarily barring Mr Odhiambo from continuing with the construction.

NEGATIVE IMPACT

“Pending the hearing and determination of this application inter-parties, there be and is hereby granted a temporary order of injunction restraining [Mr Odhiambo] either by himself, his agents, servants, representatives  . . . from construction or continuing with construction of a multi-family storey house on land parcel number . . . within Riat Hills zoning area,” said a January 21 court order.

 Mr Odhiambo began the construction in October last year after getting the approval of Kisumu County’s city planning director.

“In putting up the said building, both [Mr Odhiambo and the city planning director] did not involve the [nine residents] before the approval, and that they are likely to be affected by the environmental effects of the said building,” the lawyer said.

He argued that the approval of the building was illegal and unprocedural because it did not take into consideration the county’s zoning policy.

“As per the zoning policy, the area where [the nine people’s] parcels of land are situated is a low-dwelling area and the approval for development and the construction done is in contravention of the law,” the lawyer noted.

“The construction by [Mr Odhiambo] should be a maisonette or bungalow as required by the zoning policy.”

The lawyer also noted that no environmental impact assessment was done before the construction began, a move he said risked having a negative impact on the land.

He said Mr Odhiambo had obtained neither  change of use authorisation nor a licence from the National Environmental Management Authority.

“If the same was obtained, then they were irregularly and unprocedurally obtained and, therefore, null and void,” he said.

The case has brought to fore  zoning laws  in Kisumu, especially in posh estates which have been attracting developers.

According to a document provided as evidence in the case, Riat and Milimani — two of the posh estates in the lakeside town — are only restricted to bungalows.

EXCLUSIVE RESIDENCE

The document, prepared by the city management, also categorises these estates as low- to medium-density, a move aimed at preserving their exclusivity.

When he was the acting Kisumu planning director, Mr David Wanjala told DN2 last October that there was a plan to map out emerging development areas in the region in relation to the laid-out development guidelines.

Mr Wanjala noted that the county had, for instance, set aside some Sh20 million to planthe stretch from Mamboleo to the  Riat Hills.

“We want to give details for investment in areas like Riat Hills, which currently lie on the flight path,” he said, adding, “We have to ensure that we refocus our planning to conform to that of a city. Kisumu is a Millennium City.

“Any large-scale management has a minimum requirement that it has to stick to, and in particular, the gated communities,” he noted, adding that in Riat Hills, for instance, the construction of three-storey buildings was forbidden in areas that lie along the flight path.

By the time we went to press, Mr Odhiambo had not reacted.