Court upholds Cytonn’s city project cancellation

A High Court judge has upheld Nairobi City County’s decision cancelling construction of a multi-storey tower in Kilimani, Nairobi by Investment group Cytonn.

Justice John Mativo in his judgement said there was no evidence that the county government abused its powers under the law.

Cytonn in 2018 sued after approval for construction of its 35-floor triple tower was withdrawn. It argued that the county government had no authority to cancel an approval once it had granted it.

“I find and hold that this judicial review application is unmerited,” said Justice Mativo.

The county on April 30, 2018 cancelled approval for the Sh20 billion project, saying that the developer had not shown how a projected increase in traffic caused by the development would be handled.

The cancellation was also informed by protests by Kilimani residents who argued that the construction would disrupt their lives and businesses.

Cytonn had intended to build the triplex complex on a four-acre piece of land at the junction of Elgeyo Marakwet and Argwings Kodhek roads.

In documents filed in court, Cytonn said contrary to the assertion by Nairobi County, it had addressed the issue of traffic and engaged with Kilimani residents, but that some of them had declined to be part of the consultations.

The investment firm stated that on October 10, 2017, M/s Transpo Consortium, acting on its behalf, submitted to the county government a traffic impact assessment report in respect of the project.

The county acknowledged the report on December 8, 2017 and agreed with the proposed mitigation measures, Cytonn told the court.

Approval for construction of the tower was first granted in July 2017.