Owners of faulty Athi River homes seek compensation

A collapsed building in Nairobi. PHOTO | DENNIS ONSONGO

What you need to know:

  • The National Building Inspectorate (NBI) in January declared unfit for occupation the 240 houses in Athi River in Machakos.
  • The condemnation forced some homeowners and tenants to seek alternative residence.
  • The homes had developed cracks on the walls, the window frames on the canopy were quashed and several window panes were broken.

Three homeowners at Everest Park, the residential estate at the centre of a building quality dispute, have given the developer a seven-day demand notice to accept liability of the faulty houses and refund their money amounting to Sh13.5 million or face a legal action.

The National Building Inspectorate (NBI) in January declared unfit for occupation the 240 houses in Athi River in Machakos.

The condemnation forced some homeowners and tenants to seek alternative residence.

“As a result of the structural defect, poor workmanship and the casual construction of the apartments subject herein, our clients are aggrieved and shall be seeking a refund of the purchase price on account of transfer of the respective leases, damages for fundamental breach of contractual obligations under the respective leases, loss of diminution and or depreciation of value of the apartments and holds you fully liable,” the three homeowners say in a letter through their lawyer Kariuki E & Company advocates dated June 26.

The houses valued at Sh912 million were built through a joint venture between Everest Park Limited, the developer, and Shelter Afrique as the equity financier.

The NIB declared the houses structurally unsafe for occupation in a preliminary audit report it released last December.

The homes had developed cracks on the walls, the window frames on the canopy were quashed and several window panes were broken.

The agency then concluded that the construction work was shoddy and declared the buildings unsafe for occupation and instructed the developer to come up with a repair plan for the faulty houses.

“Our instructions are therefore to demand from you as we hereby do, an immediate admission of liability so that we may go into the question of quantum payable,” said the home owners.

PAYE Tax Calculator

Note: The results are not exact but very close to the actual.