The Environment and Land Court at Malindi issued an order to Cabinet Secretary for Foreign Affairs Alfred Mutua, to relocate a foul smelling toilet after his neighbour filed a court case.
CS Alfred Mutua was taken to court by his neighbour at the beachfront villas in Malindi for building a pit latrine near her dining area
Cabinet Secretary for Foreign Affairs Alfred Mutua
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This peculiar case arose when CS Mutua’s neighbour at the Karibuni Villas in Malindi, Felicita Conte, expressed her concerns about the pit latrine positioned uncomfortably close to her dining area.
Despite Mutua's argument that he had obtained all necessary building approvals and constructed the toilet, the court ultimately ruled in favor of Ms. Conte, deeming the toilet and septic tank as an ongoing nuisance.
Karibuni Villas in Malindi,
Karibuni Villas in Malindi,
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“ I have considered the pleadings, the evidence on record and the submissions by counsel and find that the Plaintiff has proved her case against the Defendant on a balance of probabilities.
“A declaration is therefore issued that the Defendant’s water closet on Chalet No. 14 adjacent to the Plaintiff’s dining room is a nuisance and ought to be relocated within 45 days,” the judge said in her judgment on June 8.
The CS defended that he had followed all the requisite protocols and had meticulously erected an ultra-modern visitors' toilet.
Supported by evidence of the relevant building approvals, he maintained that his actions were fully compliant with legal regulations.
Moreover, the caretaker of the property testified in court, revealing that Mutua had owned and resided in the chalet for over five years.
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In 2018, renovations were carried out, including the addition of a balcony, a toilet, and an extension on the villa. These modifications were intended to enhance the property's functionality and convenience.
On the other hand Ms. Conte, the affected neighbour, raised her concerns regarding the pit latrine's proximity to her dining area.
Her complaint highlighted the disruption caused by the offensive odour emanating from the toilet and septic tank.
Karibuni Villas in Malindi
Karibuni Villas in Malindi
Pulse Live Kenya
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Although temporary measures were taken to halt the development, it eventually resumed, much to the dismay of Ms. Conte.
The judge ruled in favor of Ms. Conte, acknowledging the detrimental impact caused by the ill-placed toilet.
Despite Mutua's compliance with building regulations, the court recognized that responsible construction practices should consider the welfare of the community, especially in proximity to existing residences.
