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Muthaiga Shopping Mall Owners File Application At High Court Seeking Confirmation Of Its Compliance

Gemini Properties has noted compliance with a notice by Nairobi county for it to provide approval plans of structures on land registration number No 209/9295.

In an application at the High court, Gemini seeks confirmation from the department of planning of its compliance with the notice issued on August 9 by the director of planning compliance and enforcement.

Through lawyer Okongo Omogeni, who is Nyamira Senator, the company told the Star that in November 2011, Nairobi approved its plan, registration No ET 622, for a proposed commercial building with shops and offices.

The company says it supplied the county with plans of the structure and an occupational certificate.

The documents were the subject of a civil suit and an order before justice Mohamed Warsame in 2011, for the defendants not to interfere with the plaintiff’s possession of the property.

”Gemini Properties has forwarded its building approvals and change of user certificate to the Nairobi planning and enforcement office,” Omogeni said.

“Unfortunately, up to now we have not received any official communication from them.”

Omogeni added that the company is the registered owner of the property, with a lease from the government for a term of 99 years that began on January 1, 1978.

“The defendants cannot turn against their decision and ask for what they approved,” he said.

“On July 24, 2017, Nairobi, through its Urban Planing Department, approved proposed amendments to the previous plan, saying there was no claim in the enforcement notice or any evidence that the approvals for the development plans were acquired through fraudulent means or are forgeries.”

The lawyer asked how the planning director reached the conclusion that the property was illegally constructed and that the use of the piece of land is also illegal.

“The tenants who were served with the enforcement notice are apprehensive of losing their business and property and a notice to revoke tenancy agreements when the defendants are fully aware that documents relating to the land are in their possession,” he said.


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