The Environment and Land Court at Malindi has issued an order to Cabinet Secretary for Foreign Affairs Alfred Mutua to relocate a toilet following a suit filed by his neighbour.
The case arose when Mutua’s neighbour at the Karibuni Villas in Malindi, Felicita Conte, complained and subsequently sued about the toilet positioned uncomfortably close to her dining area.
In his response, Mutua argued that he had obtained all necessary building approvals and constructed the toilet, but the court held that it was not enough to remedy the foul situation and ruled in favour of Ms. Conte, deeming the toilet and septic tank as an ongoing nuisance.
In her ruling, Justice Millicent Odeny said, “Having considered the pleadings, the evidence on record and the submissions by counsel, I find that the Plaintiff has proved her case against the Defendant on a balance of probabilities,” the judge said.
“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.”
In 2018, renovations were carried out at the villa, where the CS has resided for over five years, which included the addition of a balcony, a toilet, and an extension on the villa.
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