A City Land developer has gotten a reprieve after the Nairobi City Water and Sewerage Company requested Nairobi County to unblock a sewer-line encroached by a land owner.
Yesterday Nairobi City Water and Sewerage Company (NCWSC’) Managing director (MD) Nahashon Muguna asked the County Government to move in and clean the encroached sewer line before the rains start.
The MD Nahashon Muguna, in a letter dated February 25, 2019 said the matter should be addressed urgently to restore the affected parcel for public use at Nairobi West area.
Another letter was also copied to Harun Nyamboki the aggrieved property developer who for years has moved from one public office to another seeking help over the alleged damaged sewer line way leave affecting the local people.
Muguna was reacting to the claims that a sewer-line at Nairobi west has been encroached and damaged by Kenelec Supplies Limited.
Nyamboki has for many years tried to seek help from courts and public offices including Nairobi County in vain until he decided to file a formal complaint at NCWSC
“Currently the Judicial Review is in court and the company has put in a defense and a preliminary objection to the suit, but we anticipate that the conclusion of the case will take time and the outcome is not assured,” they said Muguna.
Muguna requested the urgent intervention of the County Government in cleaning the encroachment and restoring the affected parcel to public use.
The report from Muguna indicates that the matter is a subject of a Judicial Review involving Joseph Claudio which was prompted by the arrest of Claudio and subsequent institution of Criminal Case
Claudio had been charged with constantly interfering with a public sewer-line under Section 145(1) of the Water Act 2016.
When arraigned in the City Court,Claudio lawyer brought up the issue of an Environment and land case in which he purported to have brought the issues at hand to rest.
The City Court, on its own motion, stayed NCWSC’S criminal case to afford him time to file the instant application seeking orders of prohibition.
A complaint was filed by Harun Nyamboki, owner of adjoining parcel of land No 209/13557 claiming that Kenelec Supplied Limited Owned by Claudio was interfering with a sewer –line serving his property.
A criminal case was instituted against Claudio after he severally blocked sewer manholes that were on his property L.R Number 209/18289 serving his and the adjoining property.
The NCWSC investigation team visited the area on August 2, 2018 and confirmed that the manhole on L.R no 209/18289 had been clogged with concrete blocking the flow of raw sewer. It was immediately repaired.
On 30/08/2018 the company received another complaint from Nyamboki claiming that the mischief had recurred.
The company investigated and afterwards the blockage was repaired but it found out that the blocking was in violation of verbal assurances issued by Nyamboki not to interfere with the sewer-line, this prompted the criminal case.
The contentious sewer line is a PD that was constructed around 1999-2000 pursuant to the approval by the then City Council of Nairobi City Water and Sewer Department where the application was done by Nyamboki.
Later Kenelec sought for extension of 6-meter and a new title was issued.
Nyamboki filed a suit seeking to stop the extension of 6-meter service lane but the same was dismissed for lack of merit as the court found that the title had been legally obtained through the proper process.
Claudio now relies on this proprietorship of the land to block the sewer-line which, he claims, is an encroachment on his land.
On September 18, 2018, the County Chief Officer-Urban Planning wrote to Claudio advocates stating that NCC had received complaints of a blocked drain and demanded that the way-leave be cleared of any encroachments .We are not sure if any action was taken against Claudio.