Following a court case filed by a neighbor, the Environment and Land Court in Malindi has ordered Foreign Affairs Cabinet Secretary, Dr Alfred Mutua, to relocate a toilet at his luxurious holidaymaking house in Kilifi County.
Mutua’s neighbour, one Ms Felicita Conte, moved to court in 2018 as the proprietor of chalet No. 14 at Karibuni Villa in Mambrui seeking orders to prevent the Minister, the owner of the adjacent chalet No. 13, from constructing a pit latrine in close proximity to her dining area.
“When I raised the complaint to the management of the village, the development was stopped but the stoppage was only temporary as it resumed afterwards,” Conte told the court.
But CS Mutua argue that he had obtained all necessary building approvals to construct the toilet as part of renovations that included a balcony and an extension on the Villa.
Joseph Dzuya, a caretaker for Dr Mutua, testified that they did the renovations in 2018 but the neighbour complained in 2019.
Dzuya said the renovations are within Dr Mutua’s own property and their positioning does not constitute any violation or enjoyment of Ms Conte’s property, or violating any laws or regulations as claimed.
But in a ruling on June 8, 2023, Environment and Land Court Judge Millicent Odeny ruled in favor of Ms Conte. She agreed with Conte’s argument that the toilet was a nuisance due to its close proximity to her dining room.
Despite CS Mutua’s defense that he had obtained all necessary building approvals, the court deemed it an insufficient defense saying the toilet and septic tank were an ongoing nuisance.
“I have considered the pleadings, the evidence on record and the submissions by counsel and find that the plaintiff (Ms Conte) has proved her case against the defendant (Dr Mutua) on a balance of probabilities,” said the judge.
Justice Odeny further directed that the pit latrine should be relocated within 45 days from the date of the court’s decision.
“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.
