DCC Wanyonyi calls for Alternative Dispute Resolution; But why 'Bend the Rule of Law'?

Why Alternative Dispute Resolution?

Dear Kenyans, residents and community stakeholders...it is time we demand the Rule of Law to be upheld by the institutions of state that are Trustees to our individual & communal rights and freedoms. 

It is quite concerning when the DCC stood to call for ADR when we are seeking help from the same authority in first remediating shoddy work done by the contractor and secondly, ensuring that the development ongoing has proper approvals with consideration of wayleaves and utilities (storm drain, sewer system) and in safeguarding public/community grounds.

The morning meeting commenced minutes before 11AM and the DCC was earlier than usual. We could tell that there was something amiss. Nairobi City County Govt, Nairobi Water & Sewerage Co, Survey of Kenya had sent no representatives for this meeting. 

No maps provide by Survey of Kenya.

As per the initial meeting, the SOK was to produce the current map for the area of land under construction. They did not present any maps on the said day and sent no representative. DCC Wanyonyi actually had to call the office and a Mr. Joseph Mutua promised to deliver the map to the DCCs office. Now here's our concern on that point alone:

Why are these custodians meeting behind closed doors when the deliberations were being done publicly? We, the residents, alumni and parents organized to meet and discuss our concerns with the schools development project. We as residents, have the maps used to demarcate the land that the school was built on. We expected the contractor at the site to produce the proper approved map with the construction plans and costs - the contractor, sensing the public wouldn't tolerate his ignorance on due diligence, feigned an emergency and dashed out of the meeting.

So I found it questionable when the DCC stood to ask the residents to provide their maps; what kind of shoddy tendering, approval & construction was going on in a public primary school? If the DCC was honest in his claim that the perimeter wall construction project was NG-CDF funded, why can't he request for that documentation of plans and approvals from the CDF office? Which the MCA Mr. Kimemia sought for and was told the project doesn't exist as per NG-CDF?

Why can't this DCC do what is right? Instead of focusing on what I, an alumni of this dilapidating school, report to THE PEOPLE as I exercise my freedom of speech....the DCC should by all means call for an internal consultative meeting with relevant GoK agencies to ensure all prerequisite maps and approvals were made for the project. Because as it is, he seems to be drowning in a sea of mediocrity...unable to exercise any authority over a rogue contractor & intruders on public school grounds in defense the interests of Wananchi.

No contract from the school with the church.

Lets be honest, no one is against churches & modern day Christianity. But there is a worrying trend here - CITAM Buruburu will be the last of such public school takeovers. Such religious institutions just leech off their congregants while representing no heavenly office or divine authority. They then set up schools that they will charge exorbitant fees on just like any other private school. They will say they are helping the community, but it was once a public school - that could've been accessible to their children thanks to free primary & secondary education. How are these churches helping? Buruburu as an estate has over 17 religious establishments operating in the area - I am yet to see any other operating within public school grounds. Kwani hii JCC ni nani? I barely know any of the residents who attend.

Jubilee Christian Church is not a resident in Buruburu. They are not renting public school grounds in Buruburu. They are illegal squatters and should face the same treatment as any other squatter according to the Land Act of 2012. Why? Because in 7yrs time, JCC will be able to acquire the land under the Adverse Possession principle, which allows squatter rights to land they have resided on for 12yrs or more.

When the Sub-County Director of Education, Mr. Koigi, stood to respond to the concern raised by residents on the position of the Ministry of Education allowing a private and tax-exempt establishment to operate its business within public school grounds, Mr. Koigi mentioned that the schools' Board of Management has the right to seek Appropriation in Aid to fund the schools activities/programmes. While this is true, accounting for the income has to be structured. Is the AinA coming from the JCC church fund? Are the MoEST and Treasury aware of this source of income from the school? How does the Headteacher appropriate this income to his 8 BOM teachers? 

Our attempts to get any form of lease or contractual agreement between JCC and the school were futile. It was rather interesting seeing the same SCDE, Mr. Koigi, who in the very first meeting on site claimed the church shouldn't be operating within the school & was not aware of it, was now claiming the BOM had more authority and oversight on the unapproved construction going on in public school grounds than the Ministry of Education!

Damages & compensation.

It goes without saying that the contractor should be supervised to correct/repair the damages done to residents property, the sewer line and storm drain. 

While this can be considered under ADR, everything else preceding damages done to residential property and touching on community & public utility resources should be done as per the Law. ADR is also a means of dividing our voice - once a few people are compensated for their walls and sewers, they won't care for any other issue or concern.

We shouldn't bend the laws so that the corrupt can get away with Land grabs. I will remind my neighbors and residents, Ruaraka High & Drive-In Primary School ilikulwa mpaka na sitting Cabinet Secretary and the cover up & collusion was the highlight of that revelation.

As residents, alumni, parents and the larger Buruburu Commuity, we cannot allow such lawlessness to continue in the name of some engineered or perceived good intention; you know what they say the road to hell is paved with. 

The DCC said he'll only call a meeting after the SOK provides the map. Probable meeting TBC is on 7th July 2022 at Baraka Primary School.

An update: The meeting was postponed by the DCC citing political inciting from aspirants and politicians ahead of the August 2022 general elections.