A court in Kilifi has ordered Foreign Affairs Cabinet Secretary (CS) Dr. Alfred Mutua to relocate a toilet at his luxurious holidaymaking house in Kilifi County.
This is after his neighbor Felicita Conte filed a case seeking the extinction of the loo, arguing that it emitted a foul smell that had become unbearable.
Conte told the Environment and land court that the toilet in Karibuni Villa in Mambrui was erected near her dining room.
Judge Millicent Odeny agreed with Ms. Conte that the toilet was a nuisance and ordered the former Machakos governor to relocate it within 45 days from the day of the court’s decision. The ruling was delivered on June 8, 2023.
“I have considered the pleadings, the evidence on record, and the submissions by counsel and find that the plaintiff (Ms. Conte) has proved her case against the defendant (CS Mutua) on a balance of probabilities,’’ said the judge, as quoted by Nation.
Ms. Conte further told the court that her preliminary complaints on the construction of the facility near her dining room saw the development halted but was resumed later.
“When I raised the complaint to the management of the village, the development was stopped, but the stoppage was only temporary as it resumed afterward,” she said.
Mutua defended the construction of the toilet and septic tank, arguing that he had followed all the requisite protocols, including the expansion of ultra-modern visitors’ toilet.
Supported by evidence of the relevant building approvals, the CS maintained that his actions were fully compliant with legal regulations.
His caretaker Joseph Dzuya on the other hand, told the court that Mutua had owned and resided in the chalet for over five years. Dzuya testified that they had done renovations on the facility, maintaining that the loo does not breach any law or regulations as alleged.
