Rédaction Africa Links 24 with Daily Nation
Published on 2024-02-02 12:09:51
Tourism and Wildlife Cabinet Secretary Alfred Mutua has been ordered by the Environment and Land Court in Malindi to relocate a smelly toilet at his luxurious Kilifi holiday home, which has been a nuisance to his neighbor for the past five years. The neighbor, Ms. Felicita Conte, has endured the inconvenience due to the toilet’s proximity to her dining area and has sought justice through a legal battle.
The court rejected the CS’s application to suspend the order requiring him to move the toilet pending an appeal he plans to file. Justice Mwangi Njoroge ruled in favor of Ms. Conte, stating that she would suffer greater harm if the toilet is not relocated compared to the CS. He emphasized the need for amity between neighbors and urged Mutua to comply with the court’s judgment.
Mutua had filed an application seeking a stay of execution of the June ruling, claiming that he had only been given 45 days to relocate the water closet. However, the judge considered the impact of the toilet’s location on Ms. Conte’s property, noting that she could suffer greater harm.
In response, Mutua expressed concern about the potential loss he would suffer if the appeal was rejected, stating that Conte could apply for the demolition of his property. He also mentioned the substantial loss he would incur as a state officer if he was committed to civil jail.
The legal battle began in 2018 when Ms. Conte took the matter to court to prevent Mutua from constructing a water closet near her dining area. She was concerned about the unpleasant odors that the toilet would expose her to. Despite Mutua’s defense that the renovations were within his property and did not constitute an infringement on Conte’s property, the court ruled in favor of the neighbor’s plea.
The judge emphasized the right of the CS to appeal against the orders requiring him to relocate the toilet and acknowledged the issues of daily hygiene and the plaintiff’s psychological and physical well-being. Ultimately, both Ms. Conte’s and Mutua’s applications were dismissed by the court.
The pit latrine at Chalet 13, adjacent to Ms. Conte’s dining area, has been the subject of the legal battle. A chalet is a Swiss-style dwelling commonly used by holidaymakers, and the location of the toilet has caused significant inconvenience to Ms. Conte.
In conclusion, the court’s decision highlights the importance of amity between neighbors and the need to address issues that affect the well-being of individuals. The legal battle between Mutua and Ms. Conte serves as a reminder of the impacts of property disputes and the measures that can be taken to address and resolve such disputes.
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