By TWN
Justice Naikuni has today certified as urgent a case between Building Fire Consultants Co. Ltd. and several government officials.
In his orders, Justice Naikuni acknowledged the applicant’s need to summon the Attorney General, the Principal Secretary Ministry of Lands, Coordinator Affordable Housing Project, and the County Commissioner Kwale County.
“I am persuaded that there is some urgency in the matter, particularly taking cognizance that the defendant is the registered proprietor of all that parcel of land,” the orders read. “However, as ever before, this court takes the matter as being extremely serious.”
The defendant, through their advocate, Elkana Mogaka of Elkana Mogaka & Associates Advocates, has filed a certificate of urgency and a notice of motion, seeking several orders from the court.
The defendant had sought a warrant of arrest be issued to the above government officials to make them produce some documents believed to be in their custody.
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The defendant was ordered to serve the respondents with the application and all pleadings and file proof of service under the provisions of Order 5 Rule 15 of the Civil Procedure Rules, 2010.
The Notice of Motion sought an explanation from the office of the Attorney General, the Principal Secretary Ministry of Lands, the Coordinator Affordable Housing Project, and the County Commissioner Kwale County on their alleged disobedience of the court orders.
The documents submitted to court indicate that the County Executive Committee (CEC) Member for Lands allegedly issued correspondences authorizing the construction, further compounding the situation.
“The respondents, in particular, the Attorney General, the Principal Secretary Ministry of Lands and Planning, the Coordinator Affordable Housing Project, and the County Commissioner Kwale County are granted 7 days’ leave to file and serve accordingly,” Justice Naikuni ordered.
The inter parte hearing has been set for September 29th, 2025.
