Reprieve for Safaricom’s pension scheme as court blocks construction of controversial sewer line

A Machakos law court has ordered a halt to the construction of sewer line along Quarry Road and Old Mombasa Road by Edermann limited for its Great Wall Garden Project.

The ruling made by presiding Judge Justice Oscar A. Angote in a case pitting Safaricom Staff Pension Scheme and Edermann Limited found that the latter had unlawfully approved the construction of an above ground sewer line which courts heard would have affected entry to the Crystal Rivers Mall and residential houses currently being constructed by Safaricom’s Pension Scheme and sits next to where the developer is putting up its structures.

“A declaration be and is hereby issues that the approvals granted to Erdemann Property Limited by Kenyan Urban Roads Authority, Mavoko Water & Sewerage Co. Ltd  and Kenya National Highway Authority with respect to the construction of a sewer line along Quarry road and Old Mombasa Road for the Great Wall Gardens Project was illegal, unconstitutional and tantamount to an infringement of the Petitioner’s right to fair administrative action that is lawful and procedurally fair as enshrined in the Constitution of Kenya,” read the ruling.

The pensioner had accused the developer saying the construction of sewer line, which was to be raised one metre from the ground would affect access to the adjoining parcels of land.