Investment group Cytonn has sued Nairobi City County for cancelling an approval for the construction of a multi-storey tower in Nairobi's Kilimani area following opposition by a section of residents.
Cytonn in papers filed in court argues that Nairobi City County has no authority to cancel an approval once it has granted it, adding that the decision was taken without any notice.
The county on April 30 cancelled approval for the multi-billion-shilling project on grounds that the developer had not shown how increased traffic caused by the development would be handled and also following the opposition by a section of Kilimani residents.
Cytonn is planning to build a triplex complex in the area whose tallest tower will be 35 floors at the junction of Elgeyo Marakwet and Argwings Kodhek roads, sitting on a four-acre piece of land.
"A declaration that the purported cancellation of the approval of the applicant plan... for domestic building-proposed mixed development (blocks of residential of residential apartments, hotel and serviced apartments and offices) by the letter of the respondent dated April, 30 2018 is unconstitutional, illegal and unlawful."
Cytonn says contrary to the assertion by Nairobi County it has addressed the issue of traffic and has engaged with the residents of Kilimani, but allegedly a section of them had declined to be part of the consultations.
The court papers show that Cytonn has consulted Kenya Urban Roads Authority (KURA) and shared its proposal to widen Argwings Kodhek Roads to address the traffic issue and the developer indicated that it will also share the cost of mitigating the increased traffic.
KURA reportedly indicated that expanding the Argwings Kodhek Roads is part of its long-term plan.
The approval was granted in July 2017. The project which is estimated to cost Sh20 billion, inclusive of Sh1.5 billion price of land, is planned to have 30 floors of 174,139 square feet office and commercial space for rental, 180 hotel rooms, 160 serviced apartments, three-bedroom duplex apartments and penthouse suites, three basement parking floors with a capacity for 1,500 vehicles.
The tower, which is set to be among the tallest buildings in the area and will also feature Kenya's highest suspended restaurant.