Thika Environment and Land Court has ruled that developers must clearly state the type of structure they plan to build and seek approval from the local community. This ruling emphasizes the crucial role of community involvement in deciding whether new houses or business centers can be constructed.
Justice Benard Eboso highlighted that developers must provide detailed notices, including the author’s identity and instructions for submitting objections, to ensure genuine public participation.
He stated, “All the above are key elements in public participation. Without them, the purported notice cannot be said to have satisfied the requirements of the law.”
The case in question involved Markerryl Company, which had received approval to build a School in Thika from the Kiambu County Executive Committee Member (CECM).
However, the Kisiwa West Estate Residents Welfare Group appealed this decision, arguing that the approval process lacked adequate public participation.
Although a Liaison Committee initially upheld the approval, Justice Eboso found that the CECM had overstepped her authority by reversing her initial denial without proper community involvement.
The judge set aside the approval, declaring it unconstitutional due to the failure to involve the community in the decision-making process.
