• Mon. Apr 29th, 2024

Membly Residents in Legal Battle With PCEA Church for Violating Estate Rules

Jan 24, 2022
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Residents of the entire Membley estate are protesting a move by the PCEA Membley Church to construct a five-storey school against the estate zoning rules.

The residents through the Membley Daykio Residents Estate, community-based Organization (MDRE-CBO) have written several protest letters to the concerned authorities.

They have called on the County Government of Kiambu, National Construction Authority (NCA) and the National Environment Authority (NEMA) to halt the construction that is ongoing at the PCEA Membley School.

According to the architectural designs done by Karanja Murathe of Apt Building Associates, the classrooms will go upto fie floors.

Through the estate Chairman J.Wagai , the residents asked the Kiambu County Director of Physical planning to halt the construction on plot LR number . 14870/1.

Wagai added that despite violating the CBO’s rules, the Church is also carrying out the construction without any approvals from the Kiambu County Government and the National Construction Authority.

“The above school is within a controlled development area (Low -density development area) called Membley Daykio Residents Estate ( MDRE)”

“The original covenanted partitioning and development of MDRE was founded on the understanding recorded in writing by the Central Government and then Land owner Daykio Plantations Limited as allow density residential area and all subsequent titles issued for this partitions were subject to the laid down controls ,” Wagai said in the complaint letter.

He added that every buyer and title holder of the MDR covenanted to uphold the laws, bylaws and laid down covenants as recorded in the extract of the original titles of the CBO members and issued in good faith.

“So, to construct a high rise building or to purport to change use is lawlessness and will set a precedent for changing use of land for other parcels from intended use by other plot owners and developers, thereby breaking existing bylaws and original motive of the scheme,” he said.


The protest letter said that the CBO had not been notified by the PCEA Membely church of their intention to construct a school and they have already done so.

The project signage has also not been displayed on site by the developer as a standard requirement.
Wagai said the signage should clearly show details of the buildings consultants, Kiambu County Government (KCG) plan approval number, NCA and NEMA approvals.

He added that there are no Environmental Impact assessment (EIA) reports.

The residents’ other concerns are that the neighbors who live next to the ongoing development have not been notified nor consulted for their inputs as a requirement by the National Environment Management Authority (NEMA).

“Storm water from the church compound usually overflows to adjacent neighbors’ homesteads. There are also fears that the proposed new developments may increase the roof and surface runoff to the neighboring homesteads,” he said.

Furthermore, the residents said they are concerned that the privacy and security which they said has been compromised by the ongoing construction as the staff, visitors, construction workers and students from higher raised classroom block overlook into their compounds.

“We note with concern the LPG storage tanks towards the perimeter fence of some of our members. Without proper safety and protection measures like fire extinguishers, any leakage from the said LPG gas tank may have a catastrophic effect of the neighbors and students using the facility” the residents protested.
The church has not responded to any of the letters.

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