The Environment and Land court in Kwale has certified as urgent a contempt of court application against Kwale county’s Executive committee (CEC) member for lands and county Attorney over alleged disobedience of court orders issued on February 3.
Judge Lucas Naikuni also ordered the defendant/applicant to serve the county land CEC and attorney with the application and all supporting documents.
Upon being served the county officials have seven days to file their responses.
Building Fire Consultants Company Limited through their lawyer Elkana Mogaka moved to court after the County Government of Kwale allegedly trespassed on their properties despite a prior court order restraining them from any interference.
Naikuni had on February 3, issued a temporary injunction against the county, barring it from engaging in any activities on the disputed properties pending hearing.
“Upon keen perusal of the Certificate of Urgency Notice of Motion application dated January 31, 2025 by Defendant/Applicant… I am persuaded that there is some urgency in the matter. Thus, for these reasons, I proceed to make the following orders,” the court ruled.
The judge granted temporary injunctive orders restraining the county from interfering with, trespassing onto, or undertaking any activities on the four suit properties located in Diani, Kwale county, namely Kwale/Diani Complex/721, Kwale/Diani Complex/784, Kwale/Diani Complex/785, and Kwale/Diani Complex/786.
Mogaka told the court that despite an earlier order issued on January 3, barring the county from interfering with the land, the county continued to violate the ruling.
“The Respondent was duly served with the said orders on 3rd February but has persistently ignored and violated the same by continuing with further construction of a gate and a fence on the suit properties,” said Mogaka.
He alleged that the county’s actions amounts to willful contempt of court orders.
The company further claimed that the actions are “frustrating their proprietary rights”.
Mogaka wants the county attorney and CEC land to appear in court to explain their disobedience of court orders.
He also wants an arrest warrant issued to the duo in the event of failure to comply with summons.
Mogaka further wants the County Attorney and the land CEC be held personally accountable, arrested and committed to civil jail for their blatant disregard of court orders.
Additionally, Mogaka wants the Officer Commanding Diani Police Station (OCS Diani) ordered to assist in the enforcement of the court orders issued on February 3.
“That upon finding the Plaintiff/ Respondent’s County Attorney and or the Plaintiff/ Respondent’s County Executive Committee Member for Lands (CEC) guilty of contempt of court, this Honourable court do commit them to civil jail for a period not exceeding six (6) months or impose any other penalty as the court deems fit,” read the court documents.
The matter is scheduled for an inter-partes hearing on March 4, 2025.
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