NEMA fines developer Sh250,000 over illegal construction
Nairobi
By
Josphat Thiongo
| Jul 22, 2024
The National Environment Management Authority (NEMA) has waded into the contested development of a four-acre piece of land belonging to Kenya Railways by a private developer in Nairobi's Industrial Area.
The authority yesterday fined Mumodi Logistics Ltd, the private developer, Sh250,000 for operating without relevant approval and ownership documents following a site inspection visit.
NEMA Director General Mamo B. Mamo explained that a team comprising two inspectors and three police officers visited the site along Likoni Road, Industrial Area, behind BAT Industry, upon receiving a complaint from the neighbours that construction was ongoing illegally.
"The team observed that the Kenya Railway Line passes through the site, there were heaps of backfilling materials at the site, an excavator was compressing the backfilling materials, and construction works were ongoing," said Mamo.
"In addition, the representatives of the proponent who were onsite failed to provide the relevant approval and ownership documents," he added.
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The DG also noted that an improvement notice was issued by NEMA requiring the developer to immediately stop all activities at the site, provide the approval documents, and submit a commitment letter to the Authority showing their intention to comply with the improvement notice issued.
Notably, the development comes a week after companies along Likoni Road lodged a complaint against the developer, whose operations, they claimed, were not in line with the law.
Associated Battery Manufacturers (ABM) Engineering Manager Wilson Olando decried that Mumodi Logistics had put up structures covering the drainage and sewer lines and expressed concern that this could have dire consequences on surrounding companies such as British American Tobacco (BAT), East Africa Breweries Limited (EABL), and ABM itself.
"We are worried that should we experience heavy rains, then the drainage system will be compromised," said Olando.
He added, "The developer went ahead and put up structures without conducting an Environmental Assessment report. This is illegal. Despite raising our concerns, their operations seem to continue unperturbed."
According to documents by Mumodi Logistics and seen by The Standard, the company entered into an agreement with Kenya Railways for the lease of the land for the period spanning June 2024 to June 2032.
The agreement further states that Mumodi Logistics, the tenant, was to pay Sh220,000 a month to the corporation. Our efforts to reach Mumodi Logistics Ltd for comment were futile.