Police officers at the scene of demolition at Dunga Unuse in Changamwe constituency on September 22.The High Court in Mombasa has stopped a private developer from carrying out any development at the Dunga Unuse slum in Changamwe constituency.Photo John Chesoli
The High Court in Mombasa has stopped a private developer from carrying out any constructions at the Dunga Unuse slum in Changamwe constituency.
Judge Patrick Otieno issued an order restraining the directors of Westlands Properties from excavating on the controversial five-acre plot where residents were recently evicted.
He also restrained the company from constructing a perimeter wall on the land in Chaani area.
“An interim injunction has been granted by way of a conservatory order to restrain the company, the Mombasa police commander and the Attorney General,” Otieno ruled.
The order will be in force pending an inter-party hearing and determination of an application by the Mombasa government on October 12.
Otieno granted the order upon hearing an urgent application through county government counsel Sanjiv Kargram.
In a supporting affidavit, Mombasa Lands executive Francis Thoya said on September 22, he was told by MP Omar Mwinyi that hired goons and police officers were demolishing the Dunga Unuse slum.
He said the MP had asked whether he was aware of any demolition orders.
“I said the matter was unknown to me and the eviction was being carried out without my knowledge,” Thoya said.
He dismissed claims the county government had received an application from the company that it intended to demolish the houses.
He also denied claims the county had approved or made recommendations in accordance with the Environment Act.
Thoya said the private developer had proceeded to demolish houses and construct a perimeter wall.
Thoya said he called the Mombasa County Commissioner Nelson Marwa to express his displeasure.
Thoya said although a court gave the private developer authority to demolish structures on the disputed land, it never authorised constructions.
He said the private developer ignored county government laws and decided to excavate.