Wiper Mulyungi Joins LSK Concerns On City Demolitions
BY PATRICK KIMANZI, MP PRESS Editor.
Mp Says Laws Can Not Be Used Retrogressivelly
MWINGI-Sunday 12th - Popular Wiper MP Gideon Mulyungi has joined the The Law Society of Kenya and voiced his concerns that rules of natural justice may have been breached in the demolition of private properties.
The MP on Sunday asked the Government to explain the modus operandi to be used during the demolitions.
Wiper MP Gideon Mulyungi and Nguni MCA Jefferson Kiruru in Nguni, Mwingi today. PHOTO|PATRICK KIMANZI|MP PRESS
"Laws can not be used retrogressively.
For example some buildings being demolished today were approved and developed using old laws. Those affected should be compensated" said the popular legislator at a Mwingi hotel speaking to the media .
The grand goal is to reclaim Nairobi River through tearing down 4,000 illegal structures.
In a statement on Thursday, LSK President Allen Gichuhi asked for clarification on what is to be destroyed - whether structures on riparian land, illegal ones or both. “We urgently require that this clarification be made to avoid malicious destruction of private property," he said.
He added that the society wants the report of properties identified for demolition made public within the next seven days through the Kenya Gazette. The lawyer further said he is concerned about the effects that short notices and demolitions are having on innocent tenants and third parties. “The law demands that adequate notice be given,” he noted. “Article 47 of the Constitution enjoins the state to ensure citizens are accorded fair administrative action when their property rights are affected."
The LSK also noted that Kenya's environment and planning laws have evolved over time and that in some instances, “developments have predated the law”. “The state should ensure the application of the current law does not result in unlawful deprivation of private property,” Gichuhi said.
He further asked the government to dispute irregular and unlawful developments without compromising those built in accordance with the law.
Ends
Mp Says Laws Can Not Be Used Retrogressivelly
MWINGI-Sunday 12th - Popular Wiper MP Gideon Mulyungi has joined the The Law Society of Kenya and voiced his concerns that rules of natural justice may have been breached in the demolition of private properties.
The MP on Sunday asked the Government to explain the modus operandi to be used during the demolitions.
Wiper MP Gideon Mulyungi and Nguni MCA Jefferson Kiruru in Nguni, Mwingi today. PHOTO|PATRICK KIMANZI|MP PRESS
"Laws can not be used retrogressively.
For example some buildings being demolished today were approved and developed using old laws. Those affected should be compensated" said the popular legislator at a Mwingi hotel speaking to the media .
The grand goal is to reclaim Nairobi River through tearing down 4,000 illegal structures.
In a statement on Thursday, LSK President Allen Gichuhi asked for clarification on what is to be destroyed - whether structures on riparian land, illegal ones or both. “We urgently require that this clarification be made to avoid malicious destruction of private property," he said.
He added that the society wants the report of properties identified for demolition made public within the next seven days through the Kenya Gazette. The lawyer further said he is concerned about the effects that short notices and demolitions are having on innocent tenants and third parties. “The law demands that adequate notice be given,” he noted. “Article 47 of the Constitution enjoins the state to ensure citizens are accorded fair administrative action when their property rights are affected."
The LSK also noted that Kenya's environment and planning laws have evolved over time and that in some instances, “developments have predated the law”. “The state should ensure the application of the current law does not result in unlawful deprivation of private property,” Gichuhi said.
He further asked the government to dispute irregular and unlawful developments without compromising those built in accordance with the law.
Ends
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