Kyuna Residents petition Court to roll back NEMA’s approval of construction of a petrol station within a residential area

by Wakili Liam
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The National Environmental Management Authority (NEMA) has been put to task to explain the approval of the construction of a petrol station within a residential area.

Through their lawyer, CM Advocates LLP, Kyuna Neighbours Association (KNA) had taken NEMA to court, appealing the decision given for a go ahead with the construction of a petrol station belonging to Maar Petroleum Limited.

A letter addressed to the Nairobi Metropolitan Services (interested party), attached to the court document, complained about the irregular grant of change of user approval on plot LR No. 1870/111/71, Westlands Sub County, Nairobi County’.

“…we write and advise that our Client instructed us to lodge an appeal before the Hon National Environment Tribunal; being aggrieved and dissatisfied by the patently unlawful and unjust Decision by the NEMA to purportedly approve, authorize and/or license the “Proposed development of a petrol service station office block. service bay, tyre-centre. car wash, commercial section and associated facilities and amenities on plot LR No 187o/111/71, Westlands sub-county. Nairobi county” in violation of Legal Notices No 31 and 32 of 3oth April, zo9; Rules 3 & 4(t), National Environment Tribunal Procedure Rules, 2003; Section 58, 125, 126 and 129 of the Environmental Management and Coordination Act, 1999(as amended); Sections 4 and 7, Fair Administrative Actions Act, 2015; and, Articles 10, 42, 40, 47, 69(1)(a),(d),(g)&(h),(2) and 232 Constitution, 2010. The crux of this pending Appeal is that the NEMA approval was acquired unlawfully and as such the development is illegal,” the letter stated in part.

Kimani Mathu, Atul Shah, and Chris Ndegwa all jointly suing on behalf of the Kyuna Neighbours Association (KNA) and Isaac Mruttu suing on behalf of Shanzu Road Residents Association.

The respondents are as follows, NEMA, Maar Petroleum Limited and The University of Nairobi.

An affidavit contained in the court document stresses the point given above.

In another part of the letter, KNA accuses NEMA and the developers of breaching various laws i.e. zoning regulations governing the subject area, they also touch on the net negative effects on the residents; asking NMS to suspend the construction of the petrol station.

“It is against this legal background, that our Client writes to invoke your power under Section 66 the Physical and Land Use Planning Act as read with Section 58(7) & (8), thereof to suspend the supposed approval for change of user in respect of the “Proposed a petrol service station office block, service bay. tyre-centre, car wash, commercial section and associated facilities and amenities on Plot LR No 1870/111/71, Westlands Sub-County, Nairobi County”: pending the conclusion of the investigations we have sought for herein and the determination of Appeal before the Hon Tribunal”, Wilfred Lusi, CM Advocates LLP partner signs off the letter.

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