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Strategic Public Interest Litigation (SPIL)

  • We file matters of environmental human rights violations in Kenya courts of competent jurisdictions. Our aim is to protect the environment for present and future generations by seeking appropriate remedies from the courts.
  • We file matters of land grabbing and illegal alienation of public lands in Kenyan courts of competent jurisdiction. Our aim is to recover these lands and hand them over to the National Land commission which has the constitutional mandate to manage public lands in Kenya.

Cases Ongoing At Mombasa Environment and Land Court

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CasesRulings & Judgment
1. ELC PET 35 OF 2020. A case filed by Ainea Ragen on behalf of Mwembelegeza community residents to recover grabbed public land no. 1476 which was set aside for construction of Nursery school. Ainea Ragen won the case and on 3rd May 2023, the court granted favourable judgement ordering demolition of Mosque, madrassas and private shops which were already built on the land. Download
2. ELC PET 50 OF 2021. A case of a 2.56HA Swamp, illegally and through corrupt scheme grabbed by a husband to a well known Central Kenya politician who sold it in less than 3 months to business men of Pakistani origin at Kenya shillings 11 Million. They later sold the same swamp land to a well known Mombasa tycoon who runs a thriving transport logistics company for Kenya shillings 75 Million. The matter is at the tail end and 3rd and 4th hearing is set for 2nd and 7th May 2024 Download
3. ELC PET E017 OF 2022. This is the well publicized Mwakirunge dumping site case. The matter is at advance stage as hearing begins on 29th February 2024 Download
4. ELC PET E003 OF 2023. A large of land within Mwembelegeza scheme in Mombasa county plot ref. no. 168 which was allocated to Anglican Church of Kenya in 1998 to build school for resident children. However over 25 years down the line, private businesses are run on the plot in violation of section 12(8)(9) of Land Act of 2012. The act says that such a land should automatically revert to National or county government as the case may be. Ainea Ragen filed this case and second hearing is scheduled for 16th May 2024. Download
5. ELC PET E008 OF 2023. Public land ref. no. 1580 Mwembelegeza scheme reserved as Bus park currently hosts a shopping mall. Ainea Ragen investigated and filed this case at ELC Mombasa. The court on 7th February 2024, granted conservatory orders pending determination of the petition. Hearing is scheduled 11th April 2024 Download
6. ELC PET E001 OF 2024. Illegal construction of additional 4 floors on top of an existing 3 floors without relevant statutory approvals, authorization and registration. Download

Recent Posts

Environmental threat that requires serious urgent attention February 8, 2022
Capacity building among Mwakirunge community residents February 8, 2022
Kiembeni residents community capacity building February 8, 2022
Successful investigation and filing of Mwakirunge dumpsite February 8, 2022

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