TWN Team
The Environment and Land Court in Kwale has issued a temporary injunction preventing the County Government of Kwale from interfering with four plots of land owned by Building Fire Consultants Co. Ltd.
The orders issued on February 28th, 2025, by Hon. Justice L.L. Naikuni, grants the defendant significant protections.
The case, County Government of Kwale vs Building Fire Consultants Co. Ltd (ELCC/56/2021), saw the court consider the defendant’s application urgent.
The orders stated, “the application is certified urgent and service is dispensed with and the application is heard ex-parte in the first instance and appropriate orders and or directions is made or issued.”
The orders specifically restrains the County Government of Kwale, its agents, and employees from “trespassing onto, constructing, occupying, utilizing, leasing, selling or otherwise howsoever or whatsoever interfering with the defendant’s access, possession, ownership, utilization and enjoyment” of plots Kwale/Diani Complex/721, Kwale/Diani Complex/784, Kwale/Diani Complex/785, and Kwale/Diani Complex/786.
These temporary orders remain in effect pending a full hearing of the case.
The court further ordered the Officer Commanding Station (OCS) at Diani Police Station to assist in enforcing the order.
The costs of the application were assigned to the plaintiff, the County Government of Kwale.
A mention date of March 12th, 2025, has been set to confirm compliance and consider further orders related to a separate application involving the County Executive Committee Member for Lands and the County Attorney.
The court issued a strong warning regarding non-compliance.
“Take notice that any disobedience or non-observance of the order of the Court given on the 27th
of February 2025 served herewith will result in penal consequences to you and any person(s) so
disobeying and/or not observing the same,” the orders warned.
The orders further warned that any party that will not obey the orders will be charged for contempt of court.
