An Environment and Lands Court based in Kwale County has certified as urgent an application by a private firm that has accused the government of disobeying a court order by seeking to build affordable housing project on its parcel of land in Kwale.
Certifying the application by Elkana Mogaka urgent, Justice Lucas Naikuni directed Building Fire Consultants Company Limited to serve the Attorney General, the Principal Secretary Ministry of Housing and Kwale County government with the court documents.
“From the surrounding facts, although I am persuaded that there is some urgency in the matter, particularly taking cognizance that the Defendant/Applicant is the absolute and legal registered proprietor to all that parcel of land known as Kwale/Diani Complex,” Justice Naikuni ordered
The Court has also directed the coordinator of Affordable Housing Project and the County Commissioner to file their responses within seven days.
Under the Certificate of Urgency, Building Fire Consultants wants the government officials to be compelled to explain why they disobeyed court orders issued on 3rd February 2025.
Through Counsel Elkana Mogaka, the court was informed that the Coordinator Affordable Housing Project and the County Commissioner, Kwale County have willfully disobeyed and continued with construction works, including erection of a gate and a fence thereby undermining the authority and dignity of the Honorable court.
The Court had issued on the 3rd February 2025 restraining the Kwale County Government, its agents, servants, or any other persons acting under its authority from interfering with, or engaging in any activities on the contested properties in Kwale.
Mogaka informed Judge Naikuni that the orders were duly served upon the County Government on 6th February this year however, on 20 February Kwale County Executive Committee (CEC) Member for Lands allegedly issued correspondences to the Principal Secretary, Ministry of Lands, the Coordinator Affordable Housing Project and the County Commissioner, Kwale County purporting to authorize or regularize constructions, further compounding the contempt.
“Notwithstanding such service and full knowledge of the subsisting orders, AG, PS Ministry of Lands, the coordinator Affordable Housing Project and the County Commissioner, Kwale County have willfully disobeyed and continued with construction works, including erection of a gate and a fence thereby undermining the authority and dignity of the court,” Mogaka averred
Mogaka argued that the firm will suffer irreparable harm should the court fail to urgently intervene and enforce its orders, as the county and national government officials were actively altering the status of the suit properties in a manner that may render the dispute moot or irreversible.
“The actions of the AG, PS Ministry of Lands, the Coordinator Affordable Housing Project and the County Commissioner, Kwale County necessitate immediate intervention by this court to prevent further unlawful activities and to punish the contemnors for their flagrant defiance of judicial authority,” Counsel Mogaka told the court.
Inter-parte hearing for the suit property has been set for 29th September, 2025.
