The Environment and Land Court in Thika has temporarily stopped construction on a disputed project at Kiambu Level 5 Hospital pending the hearing of a constitutional petition.
Justice Ann Jacqueline Mogeni directed that the status quo be maintained, effectively halting further construction and prohibiting any transactions involving the disputed parcel until an inter partes hearing.
The conservatory orders, issued on August 4, also directed the Officer Commanding Station (OCS) at Kiambu Police Station to ensure compliance should any party fail to obey the court’s directive.
The petitioner, Patrick Mwangi Muiruri, alleges that construction has continued at the site despite the court order.
Muiruri moved to court seeking to stop what he says is the construction of commercial stalls, a hotel and public toilets within the grounds of Kiambu Level 5 Hospital, near the entrance to the health facility.
He sued the Kiambu County Government, the Board of Management of Kiambu Level 5 Hospital, the contractor undertaking the project and the National Environment Management Authority (Nema).
In his application, Muiruri argues that the project is being undertaken on public land set aside for healthcare services, contrary to the Constitution and environmental laws.
“Completion of the project will occasion irreparable harm that cannot be adequately compensated by an award of damages,” he states in court documents.
The petitioner further argues that the development infringes on the constitutional right to a clean and healthy environment, the right to the highest attainable standard of health, the protection of public land and the requirement for public participation.
He also claims the project commenced without an Environmental Impact Assessment (EIA) licence from Nema and that members of the public were not consulted before construction began.
According to his supporting affidavit, the development would reduce the space needed for hospital operations, future expansion, ambulance access and parking, while exposing patients and staff to congestion, noise, waste and security risks.
Muiruri says he filed the petition both as a user of public healthcare services and in the public interest under Articles 22 and 258 of the Constitution.
After certifying the matter as urgent, Justice Mogeni granted interim conservatory orders preserving the disputed property until the application is heard.
“The status quo shall be maintained and no further construction or transactions intended to alienate the suit property shall be undertaken pending the inter partes hearing,” the judge ruled.
The court directed the petitioner to serve the application on all respondents within seven days, after which they will have a further seven days to file their responses.
The parties will then exchange written submissions before appearing in court for further directions.
In the main petition, Muiruri is seeking declarations that the development is unconstitutional and in violation of the Environmental Management and Coordination Act.
He is also seeking permanent orders stopping the project and compelling the demolition or removal of any structures found to have been erected unlawfully.
At the time the interim orders were issued, the Kiambu County Government, the hospital board, the contractor and Nema had not filed responses to the petition.
The matter will be mentioned before the Environment and Land Court in Thika on September 21 for directions after all parties have exchanged their pleadings and written submissions.
