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LEGAL ADVICE
peglo
#1 Posted : Tuesday, February 01, 2011 4:27:28 PM
Rank: New-farer


Joined: 6/15/2010
Posts: 31
Location: nairobi
I stay in Kitengela. There is a quarry around whose activities are causing a lot of harm (cracks) to the houses around. This is because the baruti he is using is soo strong so much that if they LIPUA it while you are in your house you might think its an earth quake.

When you complain the quarry owner (a mhindi) he says that he was the first one to move to the place and has legal documents and he is licenced to do whatever he is doing.

Now, wazuans, need your legal advice on the best legal way of addressing this. We have complained even to NEMA but they seem not to be taking any action. Where / who else can assist?

Tommy
#2 Posted : Saturday, February 05, 2011 11:01:34 AM
Rank: Veteran


Joined: 12/9/2010
Posts: 894
Location: Nairobi
the residents of kayole had the same problem, they complained to all channels of authority, even called the media and nothing has been done. i think that this is a war that u need to fight hard to win.
Don't wait for the Last Judgment. It happens every day. ~Albert Camus, The Fall, 1956
qw25041985
#3 Posted : Saturday, February 05, 2011 11:14:52 AM
Rank: User


Joined: 5/9/2010
Posts: 1,418
Location: Nai
If you were there FIRST you have the right to a peacefull existance. and you can successfull sue the muhindi for disturbance ...But if you found the muhindi there there's no help for you . i will be pretty hard
Your future depends on your dreams so go to sleep !
addidaskawembe
#4 Posted : Saturday, February 05, 2011 2:40:09 PM
Rank: New-farer


Joined: 5/14/2010
Posts: 84
Location: Nairobi
@peglo.. all is not lost, things have changed drastically these days..join hands with about 5 or so neighbours and launch a formal complaint at NEMA offices.
peglo
#5 Posted : Monday, February 07, 2011 10:20:32 AM
Rank: New-farer


Joined: 6/15/2010
Posts: 31
Location: nairobi
addidaskawembe wrote:
@peglo.. all is not lost, things have changed drastically these days..join hands with about 5 or so neighbours and launch a formal complaint at NEMA offices.


Thanks @addidaskawembe. We are already in the process of collecting signatures and launching a formal complain and of course there is black justice :)

I believe there are regulations governing such activities e.g the power of the barudi, Noise management, dust management etc.

In this new Kenya everything is possible!

peglo
#6 Posted : Monday, February 07, 2011 10:27:59 AM
Rank: New-farer


Joined: 6/15/2010
Posts: 31
Location: nairobi
qw25041985 wrote:
If you were there FIRST you have the right to a peacefull existance. and you can successfull sue the muhindi for disturbance ...But if you found the muhindi there there's no help for you . i will be pretty hard



qw25041985, thanks! If only he can keep the blast to his plot! It might be hard, but its a war worth fighting! Fortunately alot of people in the area feel the same way cause they are affected.

Met a friend who took a mortgage, bought a house in the area, The house already has cracks due to this blasting and he has only paid the 1st year of morgage! Its sad!
petro08
#7 Posted : Monday, February 07, 2011 3:52:59 PM
Rank: New-farer


Joined: 9/20/2010
Posts: 90
Location: Nairobi
@peglo

I know there are limits to the strength of those "balutis" You may need to pursue it based on this. He could be exceeding.
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