High Court allows city to demolish Wananchi towers

Former Information and Communications minister Bitange Ndemo (left) and former Wananchi Group CEO Euan Fannell at an event to set up a satellite dish in Nairobi in 2009. FILE 

By RICHARD MUNGUTI

Nairobi County has been allowed to bring down structures and heavy telecoms equipment belonging to Internet services firm Wananchi Group (Kenya), sitting on a road reserve along Mombasa Road.

The firm suffered a major blow after High Court judge Mumbi Ngugi ordered the removal of “a dishfarm, expensive equipment, a perimeter wall and an electric fence”.

She said the group had obtained a restraining order against the county by lying that the council had demolished its perimeter wall without warning.

The firm will pay the costs of the suit. The company will incur a loss of over Sh200 million when its property is demolished, according to documents filed in court.

Justice Ngugi while vacating orders she had issued in April 23, 2013, said: “The petitioners (Wananchi Group (Kenya) Limited and Velos Enterprises Ltd) obtained orders on the basis of false information. They obtained orders to rebuild the wall to protect their dish farm using falsehoods.”

“The Constitution demands that as a society, we embrace a new value system based on the principal set out in Article 10 thereof that demands honesty and integrity from all.”

“Wananchi had asked the court to restrain the county government from demolishing its premises and other structures. They had feigned ignorance of the illegal occupation until the demolition on April 19, 2013.

The firm said the structures erected on the premises had been leased from Velos Enterprises for a period of 10 years.

But the judge said evidence tendered by Ben Milimo, the lawyer for City hall ,proved that the petitioner had been served with a notice as early as January 23, 2012.

Justice Ngugi said Mr Milimo proved that the petitioners had been asked to stop further developments and remove the offending structures from the road reserve. The petitioners had also sought a period of 60 days to enable them comply.

Correspondence and e-mail communication were presented as testimony against Wananchi, which transmits frequencies for Super Sports, Zuku and other media.

Wananchi did not obtain approval from City Hall to mount the communication masts as required under Section 38 of the Physical Planning Act.

Justice Ngugi said the county government has a duty to control all developments under its jurisdiction and that failure to seek approval renders such developments open to demolition.