Court halts construction of mosque in Nanyuki over pending case

The High Court in Nyeri has halted construction of a mosque in Nanyuki town until a suit filed by the town's residents is heard and determined.

Lady Justice Lucy Waithaka of the Environmental Court has restrained the Laikipia County Government and two businessmen from continuing with the construction which residents claim is located on an un-surveyed residential area in the Milimani area of Nanyuki town.

Three residents - Zacharia Macharia Kagunya, Antony Gathetha Ndung’u and Joyce Wachira - moved to court on February 5 this year and sued the County Government and businessmen Adan Hussein and Ali Muhammed for allowing a residential plot to be used to construct a mosque.

Through lawyer John Otieno Obwuor, they are arguing that Mr Hussein and Mr Muhammed purchased the un-surveyed plot as the trustees of Milimani park mosque.

“The suit property was first allocated to the original owner on November 11, 1993 and was planned for a single residential use...the same has not been surveyed to pave way for the change of user process to be effected,” the court papers state.

The residents say that an Environmental Impact Assessment has not been conducted to enable the change of the suit property from single residential plot to a mosque.

Mr Obwour also argued that their application to be allowed to build a mosque on the suit property was rejected by the Liaison Committee of the defunct Nanyuki Municipal Council because it contravened the provisions of the physical planning Act and was against the wishes of residents.

A public participation meeting was convened by the county government on September 17 last year and residents rejected the building for reasons that the suit property is located next to Huruma hospital which treats terminally ill patients, the lawyer states in the suit.

They are accusing the County Government of permitting the two businessmen to complete roofing the building despite it not being approved.

“That despite protests, objections and rejections of the construction of a mosque on the suit property, Mr Adan and Mr Muhammed have continued with the construction works in total disregard of the law,” Mr Obwuor said, claiming that the construction of the mosque was being done "day and night at a very fast speed".

The three residents want the court to declare the approval by the County Government illegal, against public policy and a breach of the Constitution.

Lady Justice Waithaka gave Laikipia County and the two businessmen fifteen days to enter an appearance in the case, failure to which it will be heard and determined in their absence.

The case is scheduled to be heard on February 24.