The Environment and Land Court in Kwale County has declined to fast-track a petition filed by Mwachome residents against Bamburi Cement PLC over unpaid land compensation.
The case, lodged by Bazil Mwang’ombe and Vincent Mahasi on behalf of 48 residents, concerns land acquired by Bamburi Cement for mining. The company reportedly paid only 20% of the agreed compensation in 2022, promising to clear the balance within 90 days. Nearly three years later, residents claim the payments remain outstanding, leaving many unable to complete land purchases for relocation.
Justice Lucas Leperes Naikuni ruled that he lacked jurisdiction to hear the matter, noting it had initially been filed before the High Court as a constitutional petition. He explained that the High Court’s transfer of the case was procedurally flawed, as it lacked authority to pass on a matter outside its jurisdiction.
“The issue is weighty, but my hands are tied because the case was started in the wrong forum,” Justice Naikuni stated.
He directed that the case be referred back to the High Court in Mombasa for further guidance and advised the petitioners to consider withdrawing the constitutional petition and filing a fresh suit directly before the Environment and Land Court in Kwale.
The petitioners are expected to appear before a Mombasa High Court judge on October 9, 2025, for directions on the matter.
