This archive report was first published on 7 July 2020.
On July 7, 2020, a significant development took place in the Tatu City project, a Sh240 billion initiative that has been making headlines in recent times.
The Environment and Lands Court in Thika quashed an order that had restrained Kiambu County government from approving the developer's building plans for six land parcels.
Justice Lucy Gacheru delivered the ruling, stating that the interim order issued by Kiambu senior principal magistrate on October 31, 2017 was inappropriate as the lower court had acted in excess of its jurisdiction.
The judge noted that the order obtained by Mr Daniel Gitau Mbugua was issued after the High Court had declined to grant the same. In the order, the magistrate court had suspended the approvals pertaining to six blocks of land.
Justice Gacheru ruled that the lower court had fallen in error by attempting to deal with disputes concerning development permissions when the Physical Planning Act had already provided how such disputes should be handled.
"From the Act, it is clear that a party that is aggrieved should appeal to the High Court and given that the magistrate is not a High Court, it is this court's considered view that the magistrate acted in excess of its jurisdiction," said Justice Gacheru.
The ruling was made in a judicial review application filed by Tatu City Ltd and Kofinaf Company Ltd, who had complained that they were being harassed, leading to huge losses and damages.
Led by Mr Christopher Barron, the applicants had argued that should the court fail to intervene, they would no longer be able to preserve, promote and enhance land value through sustainable development within Tatu City.
