Firm wants Nema barred from stopping construction

By WILLIS OKETCH

MOMBASA, KENYA: A private developer has now moved to court to stop the National Environment Management Authority (Nema) from interfering with its multi-million shilling property in Nyali, Mombasa County.

Coconut Cave company, which is putting up apartments, claims that Nema officials have threatened to shut down the investment over environmental issues.

Under a certificate urgency, Coconut Cave’s lawyer George Kithi, wants the authority stopped from interfering with the ongoing development on grounds that Nema’s Director General Geoffrey Wahungu wanted to use his powers excessively in this matter.

Lack of objectivity

 The move comes in the wake of claims against Wahungu and Mombasa Nema County Director Wachira Bore over an alleged plot to extort Sh3 million to allow the project’s continuation.

But Nema has dismissed the attempt to seek orders and promised a vigorous court battle saying the court has no jurisdiction to determine prayers sought.

Meanwhile, the project manager for the apartments John Mwandary claims in his affidavit that he met Bore and Wahungu at a bar in Nyali where the alleged Sh3 million bribe was sought.

 And Kithi said any attempts by the authority to revoke the developer’s licence issued on August 2, 2012 after complying with all procedures and requirements was illegal.

Among the documents filed by Kithi include an environmental impact assessment licence signed by Nema’s director general.

The company has applied to start judicial review proceedings and orders to restrain Wahungu from misusing his powers in this matter.

Kithi also argued that Bore’s and Wahungu’s alleged actions demonstrate lack of objectivity on the responsibility bestowed upon them as public officers.