NAIROBI, Kenya, April 8 – The Court of Appeal (CoA) has issued a temporary order halting the construction of a high-rise apartment complex in Nairobi’s affluent Lavington suburb, citing the need to preserve the status quo pending the hearing and determination of an appeal challenging the development.
The ruling, delivered on Monday, follows a notice of motion dated January 16, 2025, filed by Millennium Gardens Management Ltd and another party.
The applicants, who are residents and stakeholders in the area, raised alarm over the ongoing construction of the apartment block by Metricon Home Nairobi Company Ltd and other respondents, claiming the development poses zoning and environmental risks in a traditionally low-density neighborhood.
In their application, Millennium Gardens Management Ltd argued that the development flouts existing land use regulations and threatens the character of Lavington as a serene residential zone primarily comprising single-family homes and low-rise buildings.
They further alleged that the ongoing works were proceeding despite an active legal dispute, with potential irreversible effects on the neighborhood’s planning and infrastructure if allowed to continue unchecked.
After reviewing the motion, the Court of Appeal allowed the application and issued a 60-day conservatory order, effectively freezing all ongoing and planned construction activities at the contested site.
The court further directed the Registrar to issue immediate directions on the hearing of Civil Appeal No. E1010 of 2024 – Millennium Gardens Management Ltd & Another v. Metricon Home Nairobi Company Ltd & Others, emphasizing that the matter should be heard and concluded on a priority basis within the 60-day timeframe.
