Nairobi’s Parklands Estate residents have increasingly raised complaints on illegal and unlawful construction of high rise buildings by so-called developers in the area especially in sections that are not served by Nairobi Water sewer line and where approval permits from Nairobi City County Government were falsely obtained.
In a petition filed at the Environment and Land Court seeking among others, an order that the 16 storey building under construction on L.R. No. 209/7549-Taza Lane be demolished, the petitioners through their Residents Association have named Harambee SACCO Society as the 1st Interested Party, stating that the Society is the owner of the land where construction is ongoing.
Documents annexed to the Supporting Affidavit sworn by David Njeru show that Harambee SACCO are registered as owners of among other properties, L.R. 209/7549 and that although the Society entered into a sale agreement with a company called Sustainable Development Solutions Limited on 16/10/2016 for a purchase price of Ksh 126M, the property was never transfered to the purchaser.
The documents also show that Sustainable Development Solutions Limited whose directors and shareholders are Phillip Karuri Thuku and Dorothy Thuku Wanjiru was registered as a limited liability company on 17/7/2008 but another company also called Sustainable Development Solutions Limited whose directors and shareholders are Ali Ibrahim Hamamed (Kenyan), Abakare Mealan Mohamed (Ethiopian) and Fadumo Ahmed Barkadle (Kenyan) was registered on 25/4/2016.
“Having looked into the record, we wish to advise that the company was registered on 25th April 2016 under the name Sustainable Development Solutions Limited and registration numbet PVT/2016/10348. However, it changed its name to Property Sustainability and Services Solutions Limited via a Notice of Special/Ordinary Resolution dated 3rd December 2018 and filed on 11th December 2018. Take note that Sustainable Development Solutions Limited- C.158037 is also duly registered” reads a letter from the Registrar of Companies dated July 25, 2022.
In the petition, the residents have annexed a copy of title to the property showing that it was issued to Sustainable Development Solutions Limited and not to Property Sustainability and Services Solutions Limited.
In a reply to the petition, Harambee SACCO through an affidavit sworn by George Ochiri has stated that there was a sale agreement over the property to Sustainable Development Solutions Ltd and that on the issue of the current owner, “the petitioner was advised to seek the information they needed from the 2nd Interested Party’s (Sustainable Development) advocate as such disclosure from the Sacco would be in breach of confidential rights”.
The Petitioners have named Lt. Gen. Mohamed Badi, Stephen Gathuita Mwangi, Stephen Mwadime, Richard Mumo, Fredrick Ochanda and the Attorney-General as Respondents and Harambee SACCO Society, Sustainable Development Solutions Ltd, Ali Ibrahim Hamamed, Ameey Homes Limited, Arch. Salim Komora, Eng. Wilson Lepartobiko and Koch Construction Co. Ltd as Interested Parties and prays that the Respondents and the Interested Parties be held jointly and severally liable for the ongoing illegal development.