By Alloys Musyoka

Over 250 property owners along the Likoni-Lunga Lunga highway have threatened to move to court to stop planned infrastructural works by the Kenya National Highways Authority (KeNHA).

The traders and landlords accuse the state corporation of attempting to illegally demolish their properties under the guise of clearing a road reserve.

The 30-Day Demolition Ultimatum

The dispute stems from a KeNHA public notice issued by Director General Eng. Luka Kimeli.

The directive ordered all roadside traders and "illegal occupants" along the Likoni - Ukunda - Lunga Lunga (A7) Road-among other national highways-to pull down their structures by Thursday, October 29, 2026.

KeNHA maintains that the clearance is necessary to pave the way for service road improvements, bus bays, and drainage rehabilitation.

However, the affected property owners have fiercely rejected the "illegal occupants" label. Through their legal representative, Vincent Mogaka Nyaboga of Mogaka Bwong'aki & Company Advocates, the landlords assert that they hold active, lawful title deeds for their land.

Private Land vs. Road Reserve Boundary

Independent survey assessments conducted by the owners reveal that their multi-million commercial structures stand strictly within their private properties.

The lawyers insist that the buildings are completely clear of the legally gazetted 60-meter road reserve corridor (measured 30 meters from the center line on either side).

The land owners argue that any forceful entry or demolition by KeNHA will amount to direct trespass, a violation of the Land Act 2012, and a breach of their right to property under Article 40 of the Constitution of Kenya.

The Landlords' Demands

In a demand letter sent to KeNHA’s Director General and the Coast Regional Director, the property owners have issued a strict ultimatum, demanding three immediate actions:

That there should be a joint Boundary Survey between KeNHA surveyors affected licensed surveyors to physically map out the beacons and verify the highway boundary.

That the Mombasa Coast Regional Office must issue a written freeze halting all demolition plans until the joint survey is completed and If KeNHA's expanded road designs genuinely require slicing into private titled land, the authority must initiate formal land acquisition through the National Land Commission (NLC) and fully compensate the owners first.

Imminent Court Battle

The affected residents have given KeNHA a window to respond and agree to the joint border verification. Should the roads authority ignore the request or proceed with the eviction plan, the landlords have instructed their legal team to file an urgent lawsuit at the Environment and Land Court (ELC) in Mombasa.

The suit will seek a conservatory injunction to completely paralyze the multimillion-shilling highway project at KeNHA’s risk regarding costs and damages.