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Borehole on public plot sparks row in city estate
By Josphat Thiong'o | Thursday, Apr 16th 2020 at 22:55
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A businessman is embroiled in a row with residents of a city estate over a borehole they claim has been put up on public land.
On Tuesday, residents claimed that Kimani Rugendo (pictured) had taken over public space in Jamhuri Estate Phase 1, where he is drilling a commercial borehole and setting up a steel water tower.
Mr Rugendo has denied this, instead blaming city water cartels for the dispute.
In a protest letter addressed to the Nairobi Metropolitan Services and seen by The Standard, the residents stated that the businessman had undertaken the borehole venture without the necessary approvals.
No legal rights
“The perpetrator of this construction does not own the legal rights to carry this out. With disturbance to the community, he recently completed the drilling of a borehole, and is now in the process of erecting a water tower in the shared public space despite not having the appropriate construction approvals for this,” read the letter dated April 8, 2020.
The residents, through Jamhuri Estate Welfare Association, said sinking of the borehole had affected water supply in the estate. They also expressed concern that the borehole would expose the estate to insecurity.
“Not only are we being denied the right to participate in water and sanitation procedures to protect those who live in this community, but the construction of this illegal water tower and borehole will expose the estate to increased insecurity,” stated the letter.
Yesterday, Rugendo denied the residents' claims, saying he drilled the borehole following authorisation from the county, the National Environment Management Authority and the Water Resources Authority.
He said the borehole water would be shared with estate residents and that it was a response to a request by Jamhuri Estate residents.
One of the documents seen by The Standard indicated that Rugendo's project had the blessings of Nairobi County government.
“Authority is hereby granted to carry out the installation of a water tank six metres high on plot LR number 209/6989/99 Jamhuri Estate following your request and subject to you having received consent from the landlord,” read a letter from the Nairobi County Urban Planning Department and signed by P W Mwakazi on behalf of the County Chief Officer for urban planning.
It is dated January 29, 2019.
“Following your application for an authorisation to drill a borehole, you have now been issued with an authorisation Ref No WRMA/30/NRB/3BA/18694/G of 11th July, 2018 to enable you drill a borehole on the above piece of land to meet domestic use only,” read another letter from the Water Resources Authority signed by Naftaly Mutuma for Assistant Technical Coordination manager and dated July 17, 2018.
Rugendo also maintained that officials from the Jamhuri Estate Welfare Association had approached him to help them get water.
He said some of the residents were opposed to the erection of the water tower – which would ensure free flow to residents – so that they can continue supplying the commodity to the estate at a fee.
“Please refer to your visit to my office when you came to request for water accompanied by your three board members. I agreed to connect you to my borehole on condition that authority is obtained from the County Government,” read a letter addressed to Jamhuri Estate Welfare Association chairman James Kabau.
But a number of residents who spoke to The Standard said allowing the businessman to set up the water structure on what they claimed to be public land would set a bad precedence.
“If he wants to supply water, let him do so to the government first and then we will get it from there and not though him as an individual. We do not want a short-term solution to a long term problem.
By Josphat Thiong'o | Thursday, Apr 16th 2020 at 22:55
Share this story:
A businessman is embroiled in a row with residents of a city estate over a borehole they claim has been put up on public land.
On Tuesday, residents claimed that Kimani Rugendo (pictured) had taken over public space in Jamhuri Estate Phase 1, where he is drilling a commercial borehole and setting up a steel water tower.
Mr Rugendo has denied this, instead blaming city water cartels for the dispute.
In a protest letter addressed to the Nairobi Metropolitan Services and seen by The Standard, the residents stated that the businessman had undertaken the borehole venture without the necessary approvals.
No legal rights
“The perpetrator of this construction does not own the legal rights to carry this out. With disturbance to the community, he recently completed the drilling of a borehole, and is now in the process of erecting a water tower in the shared public space despite not having the appropriate construction approvals for this,” read the letter dated April 8, 2020.
The residents, through Jamhuri Estate Welfare Association, said sinking of the borehole had affected water supply in the estate. They also expressed concern that the borehole would expose the estate to insecurity.
“Not only are we being denied the right to participate in water and sanitation procedures to protect those who live in this community, but the construction of this illegal water tower and borehole will expose the estate to increased insecurity,” stated the letter.
Yesterday, Rugendo denied the residents' claims, saying he drilled the borehole following authorisation from the county, the National Environment Management Authority and the Water Resources Authority.
He said the borehole water would be shared with estate residents and that it was a response to a request by Jamhuri Estate residents.
One of the documents seen by The Standard indicated that Rugendo's project had the blessings of Nairobi County government.
“Authority is hereby granted to carry out the installation of a water tank six metres high on plot LR number 209/6989/99 Jamhuri Estate following your request and subject to you having received consent from the landlord,” read a letter from the Nairobi County Urban Planning Department and signed by P W Mwakazi on behalf of the County Chief Officer for urban planning.
It is dated January 29, 2019.
“Following your application for an authorisation to drill a borehole, you have now been issued with an authorisation Ref No WRMA/30/NRB/3BA/18694/G of 11th July, 2018 to enable you drill a borehole on the above piece of land to meet domestic use only,” read another letter from the Water Resources Authority signed by Naftaly Mutuma for Assistant Technical Coordination manager and dated July 17, 2018.
Rugendo also maintained that officials from the Jamhuri Estate Welfare Association had approached him to help them get water.
He said some of the residents were opposed to the erection of the water tower – which would ensure free flow to residents – so that they can continue supplying the commodity to the estate at a fee.
“Please refer to your visit to my office when you came to request for water accompanied by your three board members. I agreed to connect you to my borehole on condition that authority is obtained from the County Government,” read a letter addressed to Jamhuri Estate Welfare Association chairman James Kabau.
But a number of residents who spoke to The Standard said allowing the businessman to set up the water structure on what they claimed to be public land would set a bad precedence.
“If he wants to supply water, let him do so to the government first and then we will get it from there and not though him as an individual. We do not want a short-term solution to a long term problem.
