The Court on Thursday, May 26, temporarily halted the construction of a section of the Standard Gauge Railway line within Mavoko Municipality in Machakos county.
Justice Solomon Okongo of the Lands Division agreed with the prayers by the locals to have the project suspended following alleged shoddy excavation processes.
Charles Owiti and 20 others said to the judge that the manner in which excavation was being done compromised their houses and properties, with the process leading to substantial losses.
They were represented by their lawyer Bernard Chege who argued on their behalf that the company’s method of excavating rocks was destructive. The petitioners are angered by the company which blasts rocks within a two-kilometre radius of their residential houses, and the outcome is infringement on their right to a safe and clean environment.
The complainants own properties along Makumbi road, Mlolongo in Syokimau area, about 150 metres from the Mombasa-Nairobi Railway line.
Chege said: “On 17 August 2015 the rock blasting was so intense that it caused massive vibration and tremor that resulted in damage of the properties.”
According to the lawyer, residents’ right to have quiet possession of properties and safe and clean environment has been infringed. He added that the activities of the construction company are contrary to the Environmental Management and Co-ordination on Noise and Excessive Vibration Population Control Regulation Act of 2009.
China Road and Bridges Construction Company Limited, the firm carrying out the multi-billion shilling project in partnership with the government, asked the court to allow it hire an independent structural engineer to probe the damage caused as a result of blasting activities, but the judge declined their plea.
“I don’t see why this court should force the applicants to accept an independent engineer to carry out structural audit of the suit properties if they are satisfied with the audit which has been carried out by own structural engineer,” the judge said.
The judge further observed that it is not in the public interest for a company to make excessive noise, cause illegal vibration, and damage to private property.