By Alloys Musyoka
The Environment and Land Court in Kwale has stepped in to avert the immediate demolition of properties along the Likoni-Ukunda-LungaLunga (A7) Highway.
In a decisive ruling delivered on October 26, 2026, Hon. Justice L.L. Naikuni ordered a stay of execution against a sweeping 30-day eviction notice issued by the Kenya National Highways Authority (KeNHA).
The eviction order was originally set to expire on October 29, 2026.
The legal battle was initiated through an urgent Chamber Summons filed by lead petitioner Haruni Mohamed Kingunge and three others, representing affected landowners along the key coastal transit route.
The residents through Law firm Mogaka Bwong’aki & Company Advocates sued the State Law Office, KeNHA, and the National Land Commission (NLC) to protect their multi-generational homes and local businesses from being flattened without due process.
Key Highlights of the Court Order
Some of the orders the environmental and land court in Kwale made include immediate Reprieve where Justice Naikuni granted a conservatory order blocking KeNHA from entering, demolishing, or clearing structures on any validly titled land parcels owned by the applicants along the highway corridor.
The court also issued a Mandamus order directing the National Land Commission to fulfill its statutory duties under Sections 107 and 112 of the Land Act.
https://coasttimesdigital.com/news/mombasa-and-kwale-landowners-threaten-to-paralyze-sh18b-highway-project-over-kenha-demolition-notice
The NLC must now hold a public inquiry, conduct official land valuations, and award prompt, full, and fair compensation to the affected property owners.
The judge validated the petition under a Certificate of Urgency, citing the imminent October 29 deadline as a clear threat to the residents' livelihoods.
Next Steps in Court
The state respondents have been given 21 days to file and serve their formal replies after receiving the petition paperwork.
The case is scheduled for mention on February 16, 2027, before ELC No. 1 in Kwale to monitor compliance with these directives and set a final judgment date.
Law firm Mogaka Bwong’aki & Company Advocates had filed an urgent Chamber Summons application at the Environment and Land Court at Kwale seeking to freeze the sweeping 30-day eviction notice issued by the Kenya National Highways Authority (KeNHA).
https://coasttimesdigital.com/news/kwale-landowners-file-court-injunction-to-freeze-ksh18b-highway-demolitions
The application, filed under a strict Certificate of Urgency, warns that permanent residences, businesses, and multi-generational family livelihoods will be permanently flattened if the court does not issue an emergency freeze.
KeNHA’s blanket eviction deadline is set to expire on Thursday, October 29, 2026, with demolitions scheduled to commence immediately upon expiration.