The High Court in Mombasa has issued restraining orders to a private developer against carrying out any works at the Dunga Unuse slum in Changamwe constituency, Mombasa County.
Mombasa High Court Judge Patrick Otieno issued the orders on Friday following an application by the Mombasa County government.
The county government’s counsel Sanjiv Kargram had filed an urgent application seeking to stop Westlands Properties Limited from carrying out any developments on the land until the hearing and determination of the case.
Judge Otieno issued the restraining orders to the directors of Westlands Properties from excavating on the controversial five-acre plot.
“The court has issued an interim injunction by way of a conservatory order to restrain the company, Mombasa police commander and the Attorney General,” he said.
Judge Otieno in the ruling also restrained the company from constructing a perimeter wall or structures of any kind on the land.
Just recently, residents were forcefully evicted from the land and their houses demolished.
The court heard from Mombasa County Executive in charge of Lands, Planning and Housing Mr Francis Thoya who said the residents were forcefully evicted on September 22 by hired goons who were in the company of police officers.
Mr Thoya dismissed claims that the county government had received an application from the company that it intended to carry out the demolition of building at the slum.
The lands executive also denied claims that the county government had approved or made recommendations in accordance with the Environment Act.
“As the person in charge of planning in the county government, the recent eviction of residents in Dunga Unuse slums was being carried out without my knowledge,” said Mr Thoya in his affidavit.
The case will be heard on October 12.