A high court in Mombasa has barred the county government from pulling down houses in Mikindani and Bangladesh informal settlements.
This comes after the county failed to offer compensation to the residents.
The residents, led by three Catholic priests (Gabriel Dolan, Peter Finegun and Raphael Mwenda), had filed a case against the county government over plans to demolish the houses.
The complainants argued that construction of the Bangladesh-Mikindani Runyu road was an oppressive decision, as it would see their houses demolished without them receiving any compensation.
In his ruling, Justice Anyara Emukule asked the county government to halt the exercise until it complies with the provisions of the Compulsory Acquisition Act.
The judge argued that county officials had failed to adhere to the principles of participation and inclusivity, hence the need to revisit the decision.
He further pointed out that individuals living in the informal settlements do not have titles to the land.
Through their lawyer, Macmillan Jengo, the residents said the new project if initiated, was not only going to affect their homes, but their businesses as well.