Green Park Estate Feed Back - 16082012

[Eric Aligula]

Green Parkers

Good afternoon!

The Resident's Committee met and we agreed that on Saturday, 18 August 2012 we will congregate at the SHK/GEMS Offices within the Estate for purposes of beginning action against the two entities as we seek resolution to the issues we have raised.  This is to request you to turn out so that we can end this charade once and for all.  The short notice is regretted.

The issues have been identified as follows:

1. Removal of Ms. Angelica Otieno as the Manager, GEMS
2. Takeover of GEMS Management
3. Demolition of Illegal Structure, Hse 70
4. Completion of and Management of the Nursery School
5. Sewerage, Biodigester Facilities and Waste Management
6. Fire Hydrants and Safety Issues
7. Cabro and Access Roads

As always we are welcome to any and all suggestions on how to deal with the matters at hand with finality.

Kind regards

Eric Aligula Magolo

Proudly Kenyan, Kenyan By Nature!

“In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility……….I welcome it.”

John F. Kennedy

“To allow other people’s assessment of you to determine your own self-assessment is a very big mistake”

Columbia University President Lee Bollinger

"Far better to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the gray twilight that knows not victory, nor defeat."

Theodore Roosevelt

"Ex Africa semper aliquid novi"

“Per aspera ad astra!”

[Eric Aligula]

Green Parkers

FYI!

Please circulate

 

Eric,

Thanks Eric for your worthy effort to address this very imperative issue of illegal structures. I have a few points to add here as an already exasperated member of the most serene estate in Mavoko:

1.    Martin agreed to the illegality of this structure and for this very reason he agreed to demolish the same. It is the height of bad faith and impunity to surreptitiously approach his ‘lawyer’ who then proceeds to threaten our intelligence with a letter that is not even correspondent to any law (refer to Point No.2 below).

2.    I refer to some comments from the letter from Martin’s Lawyer that  are mere subterfuge and border on several psychological fallacies re:

(a)  The lawyer agrees that the structure is an addendum to the SQ, which to me is an outright admission of the illegality of the structure. To say that the size and design have not been agreed is an insult to the intellect of our good selves, unless the structure can be panel beaten or moulded to shape and design once we have agreed on the same. It makes me ask a simple question, ‘’ what should come first, Martin’s structure/structural design; or an approved and universally accepted design that is then followed by a physical structure that apes the accepted design?’’ Can it be clear that even if we approve a design tomorrow it won’t be that design in House No.70 anyway, because it is so obviously out of sync with the rhythm of all other structures in Green park?.

(b)  He goes on to say that none of the Green Park Houses has a garage. Who said that we need those garages …or whatever name they may be dubbed? Can this lawyer concentrate on representing Hse No.70 and not all of us? We know how to go about seeking approval to introduce any structures that we may need in future!

(c)  Old tyres – I don’t understand why someone wants to store old tyres in Green park…. The lawyer in his intelligence purports to defend his client to have a store for old tyres in a residential setting. Sounds no less than a bawdy joke to me!!

(d)  Protection by ‘constitution of Kenya 2010’ – This is a generality. Let the learned friend of his other learned friends quote specific provisions that render our legally binding deed of covenants inoperative. The mega fallacy in this is a blind assumption that the said constitution of Kenya protects his client only, while the rest of us mortals should just watch from a victims’ corner when Martin is being protected. There is no constitutional right enjoyed by way of infringing on others’ constitutional rights! This is basic in law for a lawyer to flash the ignominy card indelibly. It is now on record (for good) that this lawyer doesn’t understand some basic tenets of law, which he purports to be a wizard from the tone of his letter!!

(e)  ‘’These authorities have no power to interfere with the sanctity of property under the said constitution’ (the constitution that protects only one person against the rest as opposed to protecting all people!!). This is another careless statement and it is on such premise that impunity implementing actions like land grabbing are predicated on. A grabber just grabs property and then uses such statements to protect ‘unsanctity’ in the name of sanctity. I wonder whether the author of this letter thought around these words carefully.

(f)   ‘Your letter is premature and lacks legal basis’ – If we take these words for what they mean, why respond to a letter that has no legal basis? Why take all the time, waste energy, paper, ink, disturb the computer and take all trouble to furnish us with the threat? If indeed our letter is legally baseless, the grammatical meaning is that it is nonsense, of no consequence and in my considered opinion, the best way to deal with nonsense is to ignore. Why fear nonsense or bother challenging it anyway when it is clear in your mind that nonsense has no place in an arena of sense, hence is ineffective?

(g)  The tone of this letter makes it sound like it is being addressed to a very intellectually challenged lot in view of the horrible assumptions that I have mentioned above. It is clear that this lawyer did not do his legal housekeeping well and just went ahead to reproduce the ‘import of the story’ from his client. It just exposes his grotesque ambition to make some cash from his client asap.

I could go on and on and on………….but I am not a lawyer, so I will stop there with some laughter against the contents of this letter.

 

Recommendations:

1.    Martin should not renege on his promise to do the obvious. He is on the dry side of the law. His case has no legal basis, even from a layman’s analytics.

2.    If there is a very genuine need for space to store machetes etc, I easily gather that he is in the wrong estate where even non-residents like his lawyer can spot very easily that we are very challenged for storage space. Simple advice, move out and you are assured of  plenty of space outside Green Park.

3.    If Martin drags us into legal action, it is very clear in my mind.  This intellectual dishonesty is totally unwelcome in Greenpark.

Conclusion:

1.    Very simple advice packaged  in good faith to martin; SHAPE UP!

Kind Regards

PK

[Andrew Omolo]

I endorse Muia's opinoin. I believe there is a more cordial way of having our issues resolved. Taking over management of GEMS has to be a well thought out plan with checks and balances to ensue transparency and efficient delivery of services. Competent human resource to run the day to day activities of GEMS may not as easy to come by as it may seem. I think singling out Angelica may not be the solution as I am sure She is grappling with our issues while observing the interest of all stakeholders which may not be as easy as it may seem.

Let's all strive to make Greenpark a progressive, cohesive and peaceful community. I believe we all want an organised neighborhood that is why we moved from the city.

Let's have an inclusive process and at the same time let us all strive to be good neighbors by observing the rules we all signed. A lawless community is something we all abhor and let us all lead from the front by observing the rules we signed to make both GEMS and the committee's work easier. Let's show leadership in taming the cultures of impunity and intolerance that has taken a dangerous direction in our wider community called Kenya. Charity begins at home, lets start at Greenpark.

I love this place, lets make it better.

Regards.

Andrew 129

On Aug 17, 2012 9:52 PM, "Frederick Muia" <mu...@ioe-emp.org> wrote:

Dear Mr. Chairman,

I am writing as part of a group f a silent majority of residents.

We are deeply perturbed and take great exception to the way certain residents are treated if they are perceived as not belonging to a certain politically correct group.


All residents are equal and should be treated the same way. Everyone should be respected and people should avoid using extremist language when refering to other residents. We should all try as much as possible to respect each other and address problems and concerns in a civil and balanced manner.

Two issues concern me.

With regard to the issue concerning House number 70, residents had expressed the need for a storage facility and the developer was to provide a design. Someone jumped the gun by refering the matter to Mavoko when the inhouse process had not yet been exhausted. We have a feeling that there is a certain group that is pursuing a certain  agenda that they themselves know about. I wish to make it known to everyone that I will not be bound by the actions of such a group. We are all in it for the long haul and any issues that arise should be resolved in a diplomatic and amicable manner. Telling the owners of House number 70 to shape up is to say the least disrespectful.

Secondly, as one of the first residents, I would like to register my disapproval of the manner in which Angelica is being treated.Let us be reasonable and patient. I have no confidence at all in the new group that wants to take over GEMS. I suggest that we defer the matter until we have confidence that the new group represents everyone. Anything else is tantamount to a powergrab.

Regards,

Frederick Muia






________________________________________
De: Eric Aligula [meal...@gmail.com]
Enviado: sexta-feira, 17 de Agosto de 2012 16:53
Para: green-park...@googlegroups.com
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Assunto: Re: Green Park Estate Feed Back - 16082012

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PK

[Eric Aligula]

Green Parkers

Good morning!

On behalf of the Interim Committee, we would like all those who may have misgivings against what we are doing to state what the issues are. I believe that will go towards resolving the challenges we face.

In the meantime, I look forward to seeing you all at the Superior Homes (K) Ltd. offices this morning starting at 8 am.

Kind regards

Eric Aligula

Sent from my iPad

--

[meal...@gmail.com]

Come at the shop!

Sent from my BlackBerry®

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From: anthony chacha <blac...@yahoo.com>

Date: Fri, 17 Aug 2012 23:29:05 -0700 (PDT)

To: Eric Aligula<meal...@gmail.com>

ReplyTo: anthony chacha <blac...@yahoo.com>

Cc: green-park...@googlegroups.com<green-park...@googlegroups.com>

Subject: Re: Green Park Estate Feed Back - 16082012

Good morning Eric,

 

I saw the meeting notice for today but there is no time included in there.

 

What time do we meet there?

 

Kind Regards,

 

 

Anthony M Chacha

[Eric Aligula]

Green Parkers

 

I have gone through the communication by Andrew Omolo and Fredrick Muia.  I have spoken to Mr. Muia.

 

In my mind, we have always adopted the diplomatic route and our actions have never been haphazard or unplanned.  We have never shot from the hip.  We have sought to respect every homeowner and residents opinion in all our engagements.  We have also made deliberate efforts to engage with the developer and their agents.  We will continue to do so.

 

Suffice it to say, as I reiterated yesterday, what we do is always with the interest of the residents.  Innuendo and suppositions have not informed our decisions.  We have founded our decisions on evidence we can show and defend.  We will not start now to deviate from that path.  

Further, I would like to state, without fear of contradiction, I do not understand this labeling of a "new politically correct group" as adduced by Mr. Muia. That statement is divisive.

 

The issues we face are clear and have always been tabled to residents.  Nothing under the table.

 

I agree with both Muia and Andrew that we are in this for the long haul and that we all would like Green Park to be a progressive, cohesive and peaceful community.  But that presupposes that the solid foundations to support that are laid.  It is everyone's responsibility.

 

That shared future is about all of us, homeowners and residents, being able to live and work together.  In doing so we must pursue the services that are due to us.  We will not be afraid or falter in making decisions we believe benefit the residents.

 

Perhaps, we will get a chance to achieve that together.  Perhaps not. It’s a choice we all face and must collectively and individually decide upon.

We encourage those who have committed to praying for Green Park Estate, its safety, its future and its prosperity to continue doing so. And we know, they are not few.

Enjoy your weekend.

 

Kind regards

 

Eric Aligula 

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