By Peter Orengo
A private developer has defied the National Environmental Management Authority (Nema) order to stop a construction project on the Nairobi River bank.
Last week, the developer disregarded Nema’s stop order and resumed the building of villas over Kibarage stream at Lower Kabete, a wetland that feeds the river.
Nema arrested three foremen at the site, only to encounter a court injunction barring the arrests.
Several government agencies are now blaming each other following the licensing of ‘illegal’ development in the riparian reserve.
Nema Director Muusya Mwinzi is pointing a finger at what he termed agents of corruption and impunity in the Government.
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"Our work is being frustrated by the Judiciary whenever we issue a stop order on encroachments beyond what is allowed by law," said Mwinzi.
The project in question, which belongs to a Nairobi businessman, has since July 2007 drawn controversy and opposition from the residents and the Greenbelt Movement.
The City Council and Nema had earlier approved the project despite its location on a riverbank.
Mwinzi says they received an Environmental Impact Assessment report from the developer in accordance with the law.
However, when building commenced, objections were reserved from Kibarage Estate Company Limited and the Green Belt Movement. Mwinzi said this is when they were alerted to investigate any potential cause of adverse environmental degradation.
Order revoked
He said a committee of relevant agencies was involved before they came to a decision to revoke the earlier EIA, and ordered for another assessment done. The developer was not to continue with the project.
Agencies at the centre of the controversy include Water Resource Management Authority, Nairobi City Council, Nema, Survey of Kenya, Ministries of Environment, Land, Water and Local Government.
But Kenya Alliance of Residence Association (Kara) says political meddling and corruption in all the agencies are to blame for degradation of the river.
"It is apparent the developer has been using political influence to continue this construction," Kara’s CEO Stephen Mutoro told The Standard in a telephone interview.