This archive report was first published on 7 July 2020.
On July 7, 2020, a significant development took place in Kenya's Tatu City project, a Sh240 billion undertaking that has been making headlines in recent times.
Justice Lucy Gacheru of 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.
The order, which was issued by a Kiambu senior principal magistrate on October 31, 2017, had suspended the approvals pertaining to the six blocks of land.
However, in her ruling, Justice Gacheru found that the lower court had acted in excess of its jurisdiction, as the Physical Planning Act had already provided a clear framework for handling disputes concerning development permissions.
"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 a significant victory for Tatu City Ltd and Kofinaf Company Ltd, the developers of the project, who had been complaining of harassment and huge losses and damages.
