A legal battle is brewing in Kwale County after the Environment and Lands Court certified as urgent an application by a private company accusing the government of defying court orders in an ongoing land dispute.
Justice Lucas Naikuni certified the application by Building Fire Consultants Company Limited, directing the firm to serve the Attorney General, the Principal Secretary in the Ministry of Housing, and the Kwale County Government with the court documents. The case involves a contested parcel of land known as Kwale/Diani Complex, which the company claims to own as the “absolute and legal registered proprietor.”
The firm, through its lawyer Elkana Mogaka, alleges that despite a restraining order issued on February 3, 2025, barring any interference or development on the property, national and county government officials have continued with construction works for an affordable housing project. Mogaka told the court that the Coordinator of the Affordable Housing Project and the Kwale County Commissioner have overseen activities on the land, including erecting a gate and a fence, in direct violation of the court order.
According to Mogaka, the restraining orders were served to the County Government on February 6, 2025. However, on February 20, the County Executive Committee Member for Lands allegedly wrote to the Ministry of Lands, the housing project coordinator, and the County Commissioner, purporting to authorize or regularize the construction works.
The court heard that these actions amount to “flagrant defiance of judicial authority” and risk rendering the dispute moot by altering the status of the property irreversibly. Mogaka warned that his client would suffer irreparable harm if the court fails to intervene immediately to stop the alleged illegal developments.
Justice Naikuni ordered the Affordable Housing Project coordinator and the Kwale County Commissioner to file their responses within seven days. The matter is set for inter-partes hearing on September 29, 2025.
The case highlights the growing tensions between private landowners and government agencies over land acquisition for public projects, with the court now called upon to determine whether judicial orders can be enforced amid competing development interests.
