The National Environment Management Agency (NEMA) is staring at a potential legal crisis after a report compiled by a surveyor hired by the developers of Seefar Apartments intimated that the building which has already been earmarked for demolition does not actually sit on riparian land.
Kolmans Geomantic Consultants, a land survey and engineering consulting company in its report scoffed at NEMA’s official position that the building situated on Ngon’g Road, Nairobi is too close to the Nairobi Dam.
In the report, the consultants are categorical that the building is 42 metres away from the dam.
Erick Mithamo, the surveyor who did the study used data from the Survey of Kenya (SOK), a Ministry of Lands agency headquartered in Ruaraka.
“A topo-cadastral survey was done on LR NO.209/12108 and part of the Nairobi dam adjacent to Seefar apartment. Seefar Apartments lies within the cadastral boundaries of LR No.209/12108,” reads the surveyor’s report.
Mithamo’s finding methodology entailed gauging the horizontal distance between the highest point of Nairobi dam`s embankment and Seefar Apartment.
He concludes that the highest point on the crest of the dam is approximately above sea level while the ground levels of the apartments are approximately 1657.72m above sea level.
“The longest distance from the distance on the embankment to Seefar apartments is 54.98m while the shortest distance is 42.00m,” he added.
With these revelations, Edermann could move to court to block the demolition. Documents also show that NEMA approved construction of the building which will only strengthen Edermann’s case if they seek legal redress.
NEMA in a notice to the 12-storey building developers Edermann Property dated October 13, said that it would be demolishing the establishment in 14 days as the land that it occupies is riparian reserve. The agency also ordered Edermann to restore the riparian reserve within 90 days.
The environment agency also argued that the building which boasts of 288 units affects the flow of Ngong River.
“Demolish the structure within 14 days effective this order, failure to which it will be pulled down without further reference to you,” read the notice.