The late former Nominated MP Philip Kamau’s daughter, Elizabeth Wanjiku, has been unsuccessful in her attempt to prevent her brother, Joseph Njuguna, from building on a portion of the Sh1 billion estate. Environment and Land Court Judge Anthony Ombwayo rejected her request to halt construction on the 6-acre property in Njoro sub-county, Nakuru county. Wanjiku argued that her brother lacked a development permit for the project.
“My brother Njuguna started constructing on the land, despite having no permit and a court order stopping the same,” she submitted in her application.
Nevertheless, the judge granted Njuguna and the county government, who are the parties being accused in the case, an opportunity to present their responses to Wanjiku’s application. Justice Ombwayo refrained from issuing interim orders but indicated that he would make a decision on Wanjiku’s application on May 9, 2024. This decision came about as a result of Njuguna and the county Department of Housing and Land expressing the need for time to prepare their defense. Wanjiku has filed a lawsuit against Nakuru CECM Land, Physical Planning, and Housing, John Kihagi, alleging that he permitted the construction on the land.
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She argued that the construction, which commenced in November of the previous year, has persisted without obtaining approval from the ministry. Wanjiku is seeking a court order to compel Kihagi to issue an enforcement notice, thereby halting the ongoing construction.
“The respondent (Kihagi) should be ordered to issue an enforcement notice for the house to be demolished within 30 days,” she said.
“The interested parties should be charged with constructing without a permit under Section 57(2),” she stated.
Wanjiku is in a legal dispute with her four siblings regarding the management of the estate left by their parents, Kamau and Alice Kahaki, who passed away on May 12, 2012, and August 25, 1983, respectively. She alleges that despite her mother being the majority owner with a 95% stake in the estate, her brother and stepmothers have engaged in misappropriation and misconduct, causing uncertainty and distress for the other beneficiaries.
“My brother did not apply for any permit but he has been allowed to construct illegally. The land he is constructing on is supposed to be shared among eight siblings who are beneficiaries,” she said.
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The four individuals serve as administrators for the estate, and Wanjiku is firm in her assertion that they are misusing their administrative responsibilities.
According to Wanjiku, on November 17, 2023, an official from the Department of Physical Planning instructed Njuguna to cease the unauthorized development, but he disregarded the directive. On December 15, 2023, she reported that the official marked an ‘X’ on the building’s wall, indicating condemnation of the construction. However, this action was also ignored, and the construction persisted.
Wanjiku contends that the county department has neglected its duty or intentionally failed to carry it out, despite her requests. This negligence not only harms Wanjiku but also goes against the public interest, she asserted.
As of now, Kihagi has yet to provide a response. The court is set to deliver its ruling on May 9.
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