Mombasa County stopped from demolishing houses for road project

Residents of the Bangladesh section of Mombasa protest the construction of a road through the slum to Mikindani on March 25, 2015. The High Court has stopped the Mombasa County government from demolishing their properties. PHOTO | LABAN WALLOGA |

What you need to know:

  • The county, in opposing compensation, had argued that the residents have no titles to the land they occupy.
  • The residents argued that they were not involved when the decision was made to convert the footpath in their slum into a road.

The High Court has stopped the Mombasa County government from demolishing homes in the Bangladesh informal settlement and Mikindani without compensating residents.

The 21 residents who sued the county include three Catholic priests Gabriel Dolan, Peter Finegun and Raphael Mwenda.

They had claimed that building the Bangladesh-Mikindani Runyu road would lead to the destruction of their houses and that the decision to initiate the project was oppressive and unfair.

Justice Anyara Emukule ruled that the county government cannot demolish the properties without complying with the provisions of the Compulsory Acquisition Act.

The judge ruled that county officials must adhere to the principles of participation and inclusivity before the road project can be implemented.

He also issued an injunction stopping the project until the county government adheres to the law.

NO LAND TITLES

He ruled that the acquisition of dwellings and other structures will be the subject of a detailed discussion between the government at the national and county levels.

Justice Emukule noted that residents of informal settlements have no titles to the land on which they have erected their dwellings.

The county, in opposing compensation, had argued that the residents have no titles to the land they occupy.

The residents, through lawyer Macmillan Jengo, had told the court that the road project cut through their homes, work premises and social amenities.

They argued that they were not involved when the decision was made to convert the footpath in their slum into a road.

In his supporting affidavit, resident Henry Amwayi stated that the risk of their houses and environment being damaged was imminent.

He said the St Patrick’s Missionary Society, which is run by the three priests, has a Sh25 million establishment in the slum that the county wanted to demolish.