CS Mutua Ordered to Move Smelly Toilet
The Cabinet Secretary for Foreign Affairs has been ordered to relocate a toilet in his luxurious Kilifi County vacation home after a neighbor complained that it was emitting a foul odor and had become a public nuisance.
The judge of the Environment and Land Court, Millicent Odeny, agreed with Ms. Felicita Conte that the toilet on Dr. Alfred Mutua’s chalet was an annoyance because it was built near her dining area.
Although Dr. Mutua defended the construction of the toilet by stating that he obtained all necessary building permits, including the expansion of an ultra-modern visitors’ toilet, the court ruled that this was insufficient to remedy the nuisance that arose after the construction of the toilet and septic tank.
The judge stated, “Having reviewed the pleadings, the evidence on file, and the arguments of counsel, I find that the plaintiff (Ms. Conte) has proven her case against the defendant (Dr. Mutua) on the balance of probabilities.”
Justice Odeny added that the pit latrine on chalet No. 13 adjacent to Ms. Conte’s dining area was an annoyance and should be relocated within 45 days of the court’s ruling.
ALSO READ: Job Losses Imminent as Ruto Taxes Prompt Employer Layoffs
On June 8, 2023, she issued her decision. As the owner of chalet No.14 at Karibuni Villa in Mambrui, Ms. Conte petitioned the court in 2018 to prevent Dr. Mutua, the owner of chalet No.13, from constructing a toilet near her dining area.
A chalet is a type of holiday home with Swiss origins, typically low and with wide overhanging eaves.
She reported that the former governor of Machakos had begun construction of a pit latrine on his chalet, but it was being constructed directly next to her dining area.
“When I filed the complaint with the village’s management, the development was halted, but the halt was only temporary, as construction resumed afterward,” she told the court.
Mr. Joseph Dzuya, Dr. Mutua’s caretaker, stated that his employer has owned and resided in the chalet since acquiring it in 2013.
Mr. Dzuya testified that they had renovated the villa and added a balcony, a bathroom, and an addition.
He stated that the renovations were completed over three months in 2018, but the neighbor complained in 2019.
According to him, the renovations are on Dr. Mutua’s property, and their location does not constitute a violation or enjoyment of Ms. Conte’s property or a violation of any laws or regulations, as alleged.
CS Mutua Ordered to Move Smelly Toilet
HEY READER. PLEASE SUPPORT THIS SITE BY CLICKING ADS. DON’T FORGET TO HIT THE NOTIFICATION BELL FOR MORE UPDATES AROUND THE GLOBE.
