A Mombasa high court on February 22,2023 issued a ruling granting conservatory orders restraining Jomvu Member of Parliament, Badi Twalib, from continuing with an ongoing construction on an illegally acquired public land at Mikindani in Jomvu constituency.
The rulling was issued in a petition filed by two residents, Peter Wango Ngugi and Paul Michulo Msabaa, of Kwa Mwanzia area in Mikindani,
The residents together with the National Environment Management Authority, National Lands Commission and Human, Action, Knowledge, Integrity (HAKI) Africa, who enjoined as interested parties, challenged the project on the following grounds;
-That despite of them writing a letter to the office of the governor of Mombasa over claims of grabbing a public land in Mikindani, they have never received any response.
That due to this they decided to investigate further and involved and engaged members of the public living in Mikindani on the aforesaid allegation and established as follows;
That the suit property is located in Kwa Mwanzia area and was earmarked and has always been used as a public parking and children’s playground.
That Hon. Badi Twalib, the first respondent, was given an allocation letter by the county government of Mombasa for modernization of a chief’s office located at Kwa Shee area in Mikindani.
That allocation letter for the public land in Kwa Shee area and the intended construction was subject to public participation which was not done.
That Hon. Badi Twalib, Bakari Mwakifumbi, and Hamad Bakari who are accused as first,second and third respondents respectively have started construction and are going on with it on a land totally different from the land on the allocation letter.
That the same is going on without there being public participation as provided in the allocation letter and it is constitutionally required.
That their application is for the interest of Mikindani residents as per the signatures they collected and attached and for the general public.
That their application is also to see that things are done procedurally according to the law and the constitution of kenya.
In his ruling, High court judge Hon. N.A Matheka of Environment and Lands Court granted conservatory orders restraing the three accused persons from continuing with the construction.
“Pending hearing and determination of this application interpartes the court be and is hereby pleased to grant conservatory orders restraining the 1st, 2nd and 3rd respondents by themselves, their agents, servants, employees and/or any other person acting on their instructions from continuing with the construction on the parcel of land located at Kwa Mwanzia in Jumvu Mombasa” the ruling read in part.
The court also ordered the cost to be in the cause, and that applicants and other respondents be served.
The matter be mentioned on May 4, 2023 for further directions.
