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Kwale Court washes its hands of Bamburi Cement compensation battle
25th September, 2025 09:19 AM
Caption:Kwale court declines petition against Bamburi Cement over unpaid compensation. VIDEO/K24TV The Environment and Land Court in Kwale County has declined a petition seeking to fast-track a case filed by Mwachome residents against Bamburi Cement PLC.
The petition, filed by Bazil Mwang’ombe and Vincent Mahasi on behalf of other residents, sought the court’s direction on the fate of 48 residents who had received only 20 per cent of compensation from Bamburi Cement, with a promise that the remaining 80 per cent would be paid within 90 days to allow mining activities.
However, residents claim that nearly three years later, the company has failed to honour the agreement.
“Your Honour, the defendants acquired land from the interested party, made part payment, and asked them to relocate with the assurance that the balance would be cleared within 90 days. But this has not happened since 2022,” Mahasi told the court.
He added that some residents had already committed to purchasing alternative land using the partial payment but are now unable to complete the transactions due to the outstanding balance.
Mahasi urged the court to intervene, saying the community is stranded.
“We want Bamburi Cement to either settle the remaining amount or allow the residents to return to their land,” he said.
However, Justice Lucas Leperes Naikuni of the Environment and Land Court ruled that he had no jurisdiction to hear the matter since it had already been filed before the High Court as a constitutional petition.
“I have heard the matter, and indeed, it is weighty as it raises very important issues. Unfortunately, it was first filed before the High Court as a constitutional petition. The High Court then purported to transfer the case back to this court because it touches on land issues,” Justice Naikuni said.
He said that the transfer was procedurally flawed since a High Court cannot transfer what it does not have jurisdiction over. Therefore, he lacks the power to hear the case in its current form.
According to Naikuni, the Environment and Land Court is governed by Article 162 (b), and Sections 3 and 13 of the Environment and Land Court Act deal with the use, occupation, and title of land.
Justice Naikuni directed that the matter be referred back to the High Court in Mombasa for further guidance on its status.
He, however, advised the petitioners to consider withdrawing the constitutional petition at the High Court and filing a fresh suit directly before the Environment and Land Court in Kwale.
“I want you to come before me properly, then I can hear you and everybody else. For now, my hands are tied because you started in the wrong place,” he said.
Justice Naikuni further directed the petitioners to appear before the High Court Judge in Mombasa on Thursday, October 9, 2025, for directions on how the matter should proceed.
