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{
    "id": 38824,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/38824/?format=api",
    "text_counter": 344,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Mr. Temporary Deputy Speaker, Sir, in the case of the collapsed building in Pipeline, the Council detected the illegal development on Plot No.L.R7107/2 on 31st March, 2009. It duly issued enforcement notices against the developments. That illegal structure was initially commenced way back in 2009. At that time, the Council moved to enforce its by-laws by issuing enforcement notices. I will table copies of the enforcement notices to show that this was done. Unfortunately, the enforcement notices issued in 2009 triggered the filing of a matter in court, under Case No.155 of 2009, which sought for the restraining orders against others, the City Council of Nairobi and four other defendants. Interim orders were issued on 8th April, 2009 by the hon. Justice Dullo. The court order is attached for the record of the House. Mr. Temporary Deputy Speaker, Sir, the interim orders in place were extended until 17th June, 2009 and further extended and, thus, they are still in force. It is worth noting that owing to the existence of the interim orders, the council’s hands were tied against moving to execute the enforcement notices. On 16th July, 2009, the plaintiff’s advocates advised the court of the filing of a contempt application against all the four defendants, including the Council. It was alleged that the Council and the other three defendants had attempted to demolish the illegal structures. An application for contempt was filed and fully canvassed and a ruling was eventually delivered on 25th November, 2010 when the Town Clerk and other defendants in High Court Civil Case No.155 of 2009 were ordered that they be committed to civil jail for a period of 21 days from the date of their arrest. The Council’s advocate, on record, proceeded and moved with speed to file a notice of appeal against the order and an application seeking stay of order dated 25th November, 2010 was issued by Justice Sitati. Interim orders were also issued by Justice Mbogholi on 29th November, 2010, which stopped the arresting of the Town Clerk. However, the other three defendants were jailed and they served the sentence. Mr. Temporary Deputy Speaker, Sir, the City Council has filed an appeal against the High Court decision seeking to challenge the order issued by Justice Sitati. In the meantime, the proceedings seeking stay of execution are pending determination at the High Court’s Environmental Division. This matter comes up on 28th July, 2011 for"
}