The County Executive Committee (CEC) Member for Lands in Kwale risks being jailed after the Environment and Land Court issued orders barring the county government from interfering with a disputed piece of land in Diani.
Justice Lucas Naikuni warned that failure to comply with the ruling could lead to contempt of court charges, detention, or other penalties.
The orders were granted following an application filed by Building Fire Consultants Co. Ltd on February 6, accusing county officials of unlawful interference with the property.
The court, which has certified the matter as urgent has restrained the county government, its agents, and employees from trespassing, constructing, occupying, leasing, selling, or interfering with the company’s access, possession, ownership, and use of the properties.
The suit properties include Kwale/Diani Complex/721, 784, 785, and 786.
To ensure enforcement, the Officer Commanding Station (OCS) Diani Police Station was directed to oversee compliance with the court order.
The matter will be mentioned on March 12, to confirm compliance to the ruling and whether to grant orders sought on February 6 against CEC lands and county attorney.
In the application Fire Consultants Co Limited through their lawyer Elkana Mogaka wants the county attorney and CEC land be compelled to appear in court to explain their disobedience of court orders.
Mogaka 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.
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 amounted to willful contempt of court orders.
The company further claimed that the actions are “frustrating their proprietary rights”.
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