Private developer, residents in fresh fight for Nairobi West land

Residents of Nairobi West have accused a private developer of grabbing a public piece of land where a sewer line has been built in order to expand his parking lot.

They claim the private developer, identified as Mr Joseph Claudio, has blocked the last manhole of the sewer line with concrete and building stones, interfering with the flow of raw sewage from houses and presenting a health risk.

COMPLAINTS

The land is under plot number 209/18289 and is located opposite T-Mall off Mai Mahiu Road along Lang’ata Road.

Mr Harun Nyamboki, a resident, accused the private developer, who is the managing director of Kenlec Supplies Limited, of demolishing the sewer line several times, even after intervention by the Nairobi City Water and Sewerage Company (NCWSC) which has repaired the line in the past after complaints from residents.

“This sewer line was approved by Nairobi Water in 1998 but recently, a private developer came and claimed that he had applied to City Hall to acquire the way leave. He has demolished the place three times after repairs by Nairobi Water,” said Mr Nyamboki.

A letter dated August 7, 2018, from Nairobi City Water Central region director Masinde G, acknowledged the complaints from the residents, saying that repairs had been undertaken and the health risk addressed.

“Our team responded to the sewer back flows. It was evident the clogging was intentional within the neighbouring plot no 209/18298, whereby your sewer outlet had been filled with concrete and building stones hand-packed inside one of the intermediate manholes,” the letter states.

COURT RULING

Mr Nyamboki, who has on several occasions sought court intervention, said Mr Claudio claims to have a title deed for the piece of land belonging to Nairobi County.

Mr Claudio maintains that the land is his and that the Environment court ruled in his favour after he was taken to court by Mr Nyamboki.

“There is nothing like that. That is my land. The matter was in court and it was ruled. Whoever is telling you that is not giving you proper information,” he said on Thursday.

Documents in our possession show that Mr Claudio wrote to Nairobi Water on May 27, 2016 requesting the removal of the sewer line, saying it was making it hard for him to develop his land.

Nairobi Water replied on August 3, 2016 declining his request, explaining that way leaves are public land used to provide services and noting that the sewer line falls within the way leave.

“Your request is hereby declined and you should reinstate the public land immediately,” read the letter by the then NCWSC Managing Director Engineer Philip Gichuki.

ANOTHER PROTEST

In January 23, 2017, Mr Nyamboki again protested against the continued blockage of the line and a storm water drainage line.

Mr Claudio, through his lawyer Tharuma Trevisan Advocates, informed him that the title deed of the land was surrendered and amalgamated into another piece of land he owns, in October 2007.

“We therefore advise that you have accessed the sewer line of private property and as such you should make arrangements to have the same removed due to the fact that it trespasses on privately owned property,” read the letter dated February 14, 2017.

A letter dated June 22, 2017 by one R.K Muema, Chief Officer Urban Planning, denies any extension on the land.

“The letter Ref: CPD/PIS/4061/97 dated December 11, 2007 is a forgery of Nairobi City County Government documents.”