BabuK
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- Jul 30, 2008
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In a mid-night operation on May 17, 2006, the fanciful apartments were demolished on grounds that the developer had violated terms of building permits issued to him, causing a loss damage estimated at Sh 4.8 billion.
A massive renovation project of the Masaki flats, which grabbed headlines in 2006, kicked off in February 28, this year, The Guardian on Sunday has established.
After the vandalism carried out on the material day, damaged furniture and other fixtures littered the compound while air conditioning units were left hanging loosely. Cupboards, fridges, couches, TV sets and beds were torn apart and scattered on the floors.
The row between Kinondoni Municipal Council and Empire Properties Limited ensued after the former accused the latter of violating the building permit issued to him that allowed the developer to build one and not two blocks of flats.
But on May 16, 2006, the owner of the plot number 383 identified as Wajidali Jiwa, countered the council's claim by producing copies of building permits that allowed him to build two blocks of apartments of eight storeys each.
According to the evidence adduced, it was noted that between March and August 2004, the same council had issued two building permits to the plot's proprietor, the first one numbered 0000500 dated March 20,2004 that allowed Empire Properties Limited to erect one three-storey structure.
But five months later (August 20,2004), in response to requests from Empire Properties, Kinondoni Municipal Council issued another building permit No. 0000600 which allowed the developer to build two eight– storey structures. Both building permits, according to copies adduced, were signed by the Municipal Town Planner and then acting Municipal Engineer.
The row forced the developer to file the legal suit at Kinondoni District Court and later referred to High Court's Land Division.
Indications about the looming order for compensation was noted by The Guardian on Sunday this week after establishing that the construction of the apartments resumed more than a month ago. But labourers on the site, who spoke on condition of anonymity for fear of reprimand, said the owner of the apartments, Empire Properties Limited, had received hefty compensation amounting to billions of shillings.
"We are informed that the developer won the case and the government paid him billions of shillings," one of them told The Guardian on Sunday, but didn't specify the amount. The labourer explained that the construction of the two eight -storey buildings resumed on February 28 this year.
According to the construction bill board, the architect of the project is MTM Arch. Contempo while the engineer is Codec. The main contractor is ALLO Builders LTD. The blocks are being constructed with the Permit No. 600.
The supervisor at the construction site, who The Guardian on Sunday met there mid this week, declined to give details on the status of the matter. "My work is construction only. I have done this job even upcountry," said the man, who had foreign physical features but spoke fluent Kiswahili.
But Kinondoni Municipal Council's Public Relations Officer Sebastian Mhowera strongly refuted claims of settling hefty compensation to Empire Properties Limited though he admitted that the plaintiff won the case against the government.
"It is true that the developer won the case against the government but the government is set to appeal against the verdict. I would also like to let you know that no compensation has been effected," Mhowera said when reached by phone.
According to Mhowera, the developer might have resumed construction by capitalising on the amended urban planning legislation. However, he asked for time until Monday (tomorrow) so that he may consult other municipal officials for clarification. Efforts to reach Minister for Land, Housing and Human Settlements Prof Anna Tibaijuka for more information for two consecutive days didn't pay off.
Her deputy, Goodluck Ole Medeye, when reached for information, asked the reporter to contact the ministry's permanent secretary on the grounds that he was in a better position to speak about it.
" I understand that there was a case filed in court but I urge you to contact the permanent secretary since I am sure he will be in a better position to give clear information.," he said. However, efforts to reach the Permanent Secretary Patrick Rutabanzibwa did not bear fruit.
SOURCE: GUARDIAN ON SUNDAY
A massive renovation project of the Masaki flats, which grabbed headlines in 2006, kicked off in February 28, this year, The Guardian on Sunday has established.
After the vandalism carried out on the material day, damaged furniture and other fixtures littered the compound while air conditioning units were left hanging loosely. Cupboards, fridges, couches, TV sets and beds were torn apart and scattered on the floors.
The row between Kinondoni Municipal Council and Empire Properties Limited ensued after the former accused the latter of violating the building permit issued to him that allowed the developer to build one and not two blocks of flats.
But on May 16, 2006, the owner of the plot number 383 identified as Wajidali Jiwa, countered the council's claim by producing copies of building permits that allowed him to build two blocks of apartments of eight storeys each.
According to the evidence adduced, it was noted that between March and August 2004, the same council had issued two building permits to the plot's proprietor, the first one numbered 0000500 dated March 20,2004 that allowed Empire Properties Limited to erect one three-storey structure.
But five months later (August 20,2004), in response to requests from Empire Properties, Kinondoni Municipal Council issued another building permit No. 0000600 which allowed the developer to build two eight– storey structures. Both building permits, according to copies adduced, were signed by the Municipal Town Planner and then acting Municipal Engineer.
The row forced the developer to file the legal suit at Kinondoni District Court and later referred to High Court's Land Division.
Indications about the looming order for compensation was noted by The Guardian on Sunday this week after establishing that the construction of the apartments resumed more than a month ago. But labourers on the site, who spoke on condition of anonymity for fear of reprimand, said the owner of the apartments, Empire Properties Limited, had received hefty compensation amounting to billions of shillings.
"We are informed that the developer won the case and the government paid him billions of shillings," one of them told The Guardian on Sunday, but didn't specify the amount. The labourer explained that the construction of the two eight -storey buildings resumed on February 28 this year.
According to the construction bill board, the architect of the project is MTM Arch. Contempo while the engineer is Codec. The main contractor is ALLO Builders LTD. The blocks are being constructed with the Permit No. 600.
The supervisor at the construction site, who The Guardian on Sunday met there mid this week, declined to give details on the status of the matter. "My work is construction only. I have done this job even upcountry," said the man, who had foreign physical features but spoke fluent Kiswahili.
But Kinondoni Municipal Council's Public Relations Officer Sebastian Mhowera strongly refuted claims of settling hefty compensation to Empire Properties Limited though he admitted that the plaintiff won the case against the government.
"It is true that the developer won the case against the government but the government is set to appeal against the verdict. I would also like to let you know that no compensation has been effected," Mhowera said when reached by phone.
According to Mhowera, the developer might have resumed construction by capitalising on the amended urban planning legislation. However, he asked for time until Monday (tomorrow) so that he may consult other municipal officials for clarification. Efforts to reach Minister for Land, Housing and Human Settlements Prof Anna Tibaijuka for more information for two consecutive days didn't pay off.
Her deputy, Goodluck Ole Medeye, when reached for information, asked the reporter to contact the ministry's permanent secretary on the grounds that he was in a better position to speak about it.
" I understand that there was a case filed in court but I urge you to contact the permanent secretary since I am sure he will be in a better position to give clear information.," he said. However, efforts to reach the Permanent Secretary Patrick Rutabanzibwa did not bear fruit.
SOURCE: GUARDIAN ON SUNDAY
