By Caroline Katana
A compensation dispute between Bamburi Cement and 48 residents of Mwachome village in Kwale County has taken a fresh turn after a Judge at the Environment and Land Court (ELC) declined jurisdiction and referred the matter back to the Kwale High Court.
The petition was first filed on July 17, 2025, at the Kwale High Court by representatives/petitioner Vincent Endekwa.
The High Court later transferred it to the ELC, but Judge Lucas Naikuni on Wednesday ruled that the case was filed through incorrect procedure.
“This court is governed by Article 162(b) of the Constitution and sections 3 and 13 of the Environment and Land Court Act, which deal with land use, occupation, and titles. The High Court transferred this matter here, but a court cannot transfer what it does not have jurisdiction over. My hands are tied until the case is properly filed before me,” Judge Naikuni said.
Judge Lucas Naikuni
He advised the petitioners to either pursue the matter afresh in the High Court or withdraw and refile it properly before the ELC. The case is scheduled to be mentioned again at the High Court on October 9, 2025.
The residents accuse Bamburi Cement of failing to honor a 2022 compensation agreement after acquiring more than 300 acres of their land for a cement-mining project.
According to the residents, the company paid the villagers 20 percent of the compensation upfront and promised to settle the remaining 80 percent within 90 days.
The residents said they received the initial payment but never got the balance.
“We signed the agreement in front of Kwale County Attorney Salim Gombeni. After receiving the 20 percent, we waited 90 days for the balance, but nothing came. For three years we have been following up without success,” said Hamisi Mweni Maita.
Company’s Position
In court, Bamburi’s lawyer argued that the matter was a breach of contract rather than a constitutional violation and therefore improperly filed as a constitutional petition.
“Our position is that this case does not raise constitutional issues. It is an alleged breach of contract, which should not be filed as a constitutional petition,” the lawyer submitted.
The Way Forward
Judge Naikuni emphasized that while the villagers’ concerns are important, the petition must follow the right legal procedure.
“This case raises very important issues. But you came before me in the wrong way. File it properly, and I will hear you,” he said.
The petitioners will now return to the High Court on October 9, 2025, as they continue their three-year battle for compensation.
Ends
