‘Oshwal Centre sitting on riparian land, should be demolished,’ court told
Nairobi City County now says that the Shree Visa Oshwal Community Centre was erected on a riparian land and therefore should be demolished.
In an affidavit filed by the county and the Attorney General, they argue that the approvals granted to the community centre were obtained illegally.
The county government, through Prof. Wambua Musili, says that the approvals were obtained in contravention of the law.
“That despite obtaining the approvals from the defunct city council, the same were obtained irregularly or illegally as they were issued in utter disregard of the overriding public interest in the waterway and riparian land,” reads court documents.
In the papers, the county government argues that it cannot be barred from exercising a duty vested on it by the constitution in the public, especially in a key role like conservation of the environment.
The county further claims that if deprived of its constitutional right or mandate to preserve and manage riparian areas, then residents of Nairobi would consequently be highly prejudiced since they would have been disposed of the land preserved for public use.
Last month, Oshwal Centre moved to court and obtained temporary orders stopping the demolition.
They claim the community erected a massive complex consisting of a temple, a library, auditorium, wedding halls, sports facilities and other incidental facilities on the property.
The centre also claims the property has been used for the past 14 years by the community during religious cultural and social functions.