The Environment and Land Court in Kwale has declined to hear a petition filed by residents of Mwachome against Bamburi Cement PLC over an unsettled compensation agreement.
The residents, represented through a petition, argued that Bamburi Cement acquired their land for mining activities, compensating them with only 20 percent of the agreed amount. The balance of 80 percent was to be cleared within 90 days, but nearly three years later, the company has allegedly failed to honour the agreement.
Many of the affected residents had already committed to purchasing alternative land using the partial compensation. However, due to the outstanding balance, several transactions have stalled, leaving families stranded and unable to resettle. The petitioners urged the court to compel Bamburi Cement to either pay the remaining compensation or allow them to return to their ancestral land.
The court, however, ruled that it lacked jurisdiction to determine the case. It noted that the matter had initially been filed as a constitutional petition before the High Court in Mombasa, which later attempted to transfer it to the Environment and Land Court. The Kwale court held that such a transfer was procedurally flawed since a High Court cannot transfer a case it does not have jurisdiction over.
The judge emphasized that while the case raised serious issues, the Environment and Land Court could only hear it if it was properly filed under the relevant legal framework. He cited Article 162 (b) of the Constitution and Sections 3 and 13 of the Environment and Land Court Act, which define the court’s jurisdiction over matters of land use, occupation, and title.
The petitioners were advised to withdraw the constitutional petition at the High Court and consider filing a fresh suit directly before the Environment and Land Court. In the meantime, the matter has been referred back to the High Court in Mombasa for further guidance.
The court directed the petitioners to appear before a High Court judge in Mombasa on October 9, 2025, for directions on the way forward. The ruling leaves the residents in limbo as they await clarity on how to pursue their claim against Bamburi Cement.
