The residents said the water has very high concentration of fluorides, bicarbonate and sodium.
Justice James Makau also directed the developer, Chigwell Holdings Ltd to provide a playground for children within 90 days, which should be separate from the parking ground.
The home owners sued the developer arguing that there are no designated areas to play in phases one, two and three, forcing their children to play on the roads and car park, risking their lives.
The High Court has directed the developer of Phenom Park estate in Lang’ata to install water filtration systems for the residents who complained that water from a borehole is not fit for human consumption.
The residents said the water has very high concentration of fluorides, bicarbonate and sodium.
Justice James Makau also directed the developer, Chigwell Holdings Ltd to provide a playground for children within 90 days, which should be separate from the parking ground.
The home owners sued the developer arguing that there are no designated areas to play in phases one, two and three, forcing their children to play on the roads and car park, risking their lives.
The judge agreed with the home owners that the lack of playground was a violation of the rights of children to human dignity and to reasonable standards of sanitation as well as their right to clean and safe water in adequate quantities.
“On the right to clean and safe water in adequate quantities, the petitioners have adduced evidence and produced reports indicating that the water in the borehole is not safe for human consumption. The water by the Nairobi Sewerage Company is also not adequate as admitted by the respondent,” the judge said.
The court however did not stop the construction of phase four and ordered the developer to conduct fresh environmental impact assessment and obtain new development approvals from the county government and National Environment Management Authority (Nema).
The developer had argued that the marketing brochures, which the residents were alleging were not adhered to, were for marketing purposes and not binding unless the same was incorporated in the agreement for sale and contract by the parties.
The construction of phase four was temporarily stopped in 2020 after residents accused the developer of failing to provide them with clean water and designated playing areas for their children.
