Saturday, May 12, 2012

Re: The flooring at Nakumatt Nyali Mall / CitiMall...

The feared happened today and about which I have been writing since last year, but, company which has done the tiling of the Nakumatt Complex at CitiMall in Mombasa, has insolently kept the slippery tiles.

This afternoon I slipped and fell at the entrance to the mall thanks to the slippery tiles. The female askari called Chrissy and another shopper helped me up and that was also difficult as I'm disabled and the floor was wet and slippery. Now, my right arm/hand and shoulder blade are paining.

Why is it that officialdom allows such flooring in public places where all kinds of people use the facilities? I thought that Kenya is a signatory to the rights of the disabled and ratified this on the 19th of May 2008 (see below), nearly exactly 4 years ago!

If you read all of the correspondence below, you'll find that various people had observed to Ideal Ceramics, who are the floor layers in this place, that the tiles were slippery, but, they couldn't have cared less, as you will read. They responded in the same don't care manner when I also rang them immediately that I had a near fall while they were laying the tiles.

They have not even had the courtesy to respond to my emails. It seems they are only interested in the money they make with total disregard for the safety of the public.

Are they waiting to be sued? Or they think that, like everything else in this country, they can literally buy their way out of any sticky situation?

Very disgusted & in pain,
Raziya

On 10/20/2011 8:58 AM, Hubert Seifert wrote:
Dear Raziya,
I want to express my sincere appreciation for you taking up this cause and not keeping quite when people are put at risk through careless planning.
As the National Director of APDK I fully support your initiative. I am concerned that persons with disability who walk with crutches that might not have good rubber tips will just slip and fall which can cause injuries.
I am living right behind Nakumatt Nyali and as neighbours we have also had issues with the owners of  Nakumatt who is the Doshi family.  The late Mahesh Doshi had installed a drainage on our road due to constant flooding as  a result of roof water pouring from the large commercial building onto our access road.
Unfortunately the same got blocked and the cover is badly damaged causing a major risk to road users. We now have regular flooding causing a huge pool which makes it difficult for residents to pass the road.
I have written severally to Anish Doshi, the son of the late Mahesh Doshi but he has refused to take any action which has angered the residents. The New Nyali Resident Association also wrote to Doshi but he has refused to undertake any corrective measures. I am going to fwd. to you some of my emails.
My advise to you is to find out from an architect on what the building regulation are for public facilities on flooring etc. whether such polished and slippery floors are permitted. If not you can use that to pressurize Doshi and the Council to enforce the regulations.
If they do not respond you can approach the Resident Association and see whether they will take up both our complaints and request Doshi to correct the situation. If they do not respond you can take it to the media and if still no action is taken you might consider other steps.
I appreciate you for not keeping quite when people are put in danger due to irresponsible action or negligence.
The email address of Anish Doshi is: Anish Doshi <anish@idealceramics.com>  The contact of the chairman of the New Nyali Resident Association is: joe.kibwana@yahoo.com
Warm regards
Hubert
Hubert Seifert
National Director
Association for the Physically Disabled of Kenya (APDK)
P.O.Box 83988, 80100 Mombasa
Tel . +254-41-474078, 471840
Cell phone (+254) 0733 757049 or 0724 053470
---- Original Message -----
From: Raziya
To: Talasam Mohamed ; Nakumatt Cinemax ; Jackson Ndegwa ; ncck ; Pwani Disability Network - Hanningtone Nyaminde ; Executive Office ; 'Farida Asindua' ; Registration Officer/PR office - Ms. Winnie/Mr. Mwaura ; Ramla Said ; aokola@edan.or.ke ; 'Samuel Njuguna Kabue' ; 'Juma Michael' ; Munir Mazrui ; Jayne Kariuki ; JOtieno@unicef.org ; 'Nyoka Kazungu' ; Safer Cities Programme UN-HABITAT ; Roger pearson ; Project Manager Ms. Cecilia Kinuthia-Njenga ; Angele Luh ; 'Ben Malor' ; Cecilia Andersson ; Cerebral Palsy Foundation, Batul Chakera ; Constitution Development Fund ; Dspd Enable ; 'Eddah Musundi' ; miziziyahakipwani@yahoo.com ; fmatwanga@un.int ; gonnot@un.org ; Mwangi-Wabuge, Roselyn ; Jackson Kago ; Juma Assiago ; Khalef Khalifa & Munir Mazrui ; michael.mungure@citigroup.com ; pcontracts@kenya.go.ke ; akariuki@nema.go.ke ; Tubmun@msafi.africaonline.co.ke ; Otieno@msafi.africaonline.co.ke:MCM Town Clerk ; amnestykenya@sections.amnesty.org ; amwinzi@nema.go.ke ; power_orgke@yahoo.com ; wmathai@greenbeltmovement.org ; Cecilia Andersson ; ps@psrpc.go.ke ; Iddi Mambo, Chairman - Coast Development Transparency Initiative (CODETI) ; raila@raila07.com ; abuubakarm@yahoo.com ; peoplesttlmntntwrk@yahoo.com ; S. Malik ; ukweli@wananchi.com ; haki@knchr.org ; Bakari Mangale, District Environment Officer, Msa ; info@kara.or.ke ; transparency@tikenya.org ; railaaodinga@yahoo.com ; kacc@integrity.go.ke ; omondiosewe@yahoo.com ; kmukiri@localgovernment.go.ke ; kyengoi@nema.go.ke ; ti@transparency.org ; Ali Mwanzei, Provincial Director of Environment (Coast) ; miziziyahakipwani@yahoo.com ; mkiai2001@yahoo.com ; Teckla.Muhoro@unhabitat.org ; Millicent Odhiambo ; mohyder@africaonline.co.ke ; Mombasa Human Rights Network ; Khalef Khalifa & Munir Mazrui ; Mwalimu Mati ; pcc@swiftkenya.com ; Ngithagui@worldbank.org ; nmutembei@integrity.go.ke ; Eng. Samuel Ogege ; report@integrity.go.ke ; Ben Wemali ; Angele Luh ; Agnes Ogana ; 'Montero, Federico' ; Ms. Susanne Weber Mosdorf - WHO Assistant Director-General, Sustainable Development & Healthy Environments ; duat@who.int ; Gregory Hartl ; Ms. Nicky Heampele ; Ms. Penny Andrea ; Nada Osseiran ; Naegeli, Margaret Naana ; The Regional Director for Africa - Dr. Luis Sambo ; worldhealthorganizationnews@who.int
Sent: Wednesday, October 19, 2011 3:47 PM
Subject: The flooring at Nakumatt Nyali Mall

'Afternoon!

I, and several others have noticed that the new floor tiling that is being done at the above mall/s, while quite attractive, are very impractical for walking on by the general public. This is especially so of the very shiny border tiles which are highly slippery when wet or sandy.

The sandy bit we've discovered yesterday, when some of the tiles were still not put in place and there was sand around them. Several members of the public slipped and nearly lost their balance, but, thankfully, did not fall. We would like to know who would take responsibility of such an eventuality when somebody slips and falls and gets injured? Would the company doing this work accept responsibility?

I ask this because, after I had slipped and nearly fell (I'm also disabled), I asked various senior staff at Nakumatt about whom to contact and they gave me Mr. Talasam Mohamed's business card whom I rang immediately giving my name and telling him what had happened. His response was quite unbelievable.

He claimed that the public would just have to be careful when walking on those tiles as his company cannot 'undo' the tiling and make it fit for walking by all people - young, old, fit and unfit. This, I find is a very insensitive response to a very legitimate complaint.

Then, there is the general observation of our various building constructions whose plans are passed by our Town Planning Dept. at our Council. Do ANY of these people give a moment's thought to the disabled people's plight and how the various members of the public with varying degrees of disabilities, are going to deal with the buildings whose plans they so thoughtlessly pass?

In the same way, this company which is doing the flooring of these malls, I don't think gave even a moment's thought to the fact that these tiles are quite impractical to walk on when wet, etc. And since they insist on carrying on with their work as is, I would like to know, if they will also bear the consequences of a person getting injured as a result? In other places of the world they have to or they would be sued.

When, I mentioned this to Mr. Talasam Mohamed, it did not bother him in the least and so, I told him that I would write this letter/email and send him a copy of it, too, to which he whole-heartedly agreed. I hope and pray that he will pass it on to the others in his company who are, I believe, more mature and responsible about these issues.

Salaams,
Raziya

On 10/20/2011 10:37 PM, Dspd Enable wrote:
Dear Raziya,

Kenya is indeed one of the countries that has ratified and did so on 19 May 2008.



Sincerely,

Secretariat for the Convention on the Rights of Persons with Disabilities
Mailing address: 2 UN Plaza, DC2-1311, New York, NY 10017
Email: enable@un.org
Web:
http://www.un.org/disabilities

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