Residents of an apartment in Lavington can breathe a sigh of relief after the Environment Court stopped a developer from putting up 512 housing units that would have cut off natural sunlight to their houses.
Justice Oscar Angote issued the orders against Merticom Home Nairobi and barred them from continuing with the construction of 16 blocks of apartments in the one-acre property
“Prayer B is granted until November 2, 2023, when the case will be heard inter parties,” the judge said.
The order was issued after Millennium Gardens Management Limited told the court that the proposed development by Metricon was unlawful.
They argued that it is contrary to the Nairobi City County government’s zoning policy which stipulates that development within the subject area should not go beyond four storeys.
Millennium Gardens is charged with the management of the apartments known as Millennium Gardens situated along Mbaazi Avenue, Thompson Area in Nairobi
It manages 28 units of four-storey residential homes measuring approximately 0.4073 hectares.
The 28 units comprise 24 three-bedroom units and four-bedroom units. 80 per cent of those living in the property are owners and reside with their families.
The proposed development is separated from Millennium members’ property by one common stone wall
The project by Metricon entails 336 one-bedroom units, 144 two-bedroom units, 32 three-bedroom units and a two-level underground and one ground parking all on one piece of land.
“Due to the high height, the proposed development will cut off all the natural sunlight to apartments owned by the petitioner’s members, affect air circulation, the reception of TV/DSTV and other aerial communication devices,” Millennium said.
According to the court documents, the parking to the proposed development lies directly adjacent to some of the petitioner’s members living and bedrooms.
This they say will consequently occasion pollution by exhaust fumes emission and render our property uninhabitable,”
Metricon has 7 days to respond to the application that was certified as urgent.
