Residents claim compensation will not be fair until pending land cases are heard and determined.
They said airport expansion will result in the demolition of 4,000 permanent and 2,220 semi-permanent houses, causing them a huge loss.
Last year, the government disbursed Sh300 million to the NLC for compensating residents living in the land meant for the Sh5.6-billion expansion project.
The Kenya Airports Authority (KAA) has been stopped from forcefully compensating 25,000 residents to allow the expansion of Malindi airport.
This comes six months after the government disbursed Sh300 million to the National Land Commission (NLC) for compensation, with land survey and property evaluation having started.
Justice James Olola issued the orders that also restrain KAA, the National Land Commission (NLC), the Attorney-General and the Kenya Police Service from forcefully evicting the residents at Kwachocha.
The judge issued the orders after the residents filed a certificate of urgency to stop the compensation process claiming that several land ownership cases on the airport expansion land were pending in court.
Not fair
Through their lawyer, Stephen Obaga, they claimed the compensation will not be fair until the pending land cases are heard and determined.
“The expansion of the Malindi International Airport at the heart of town is a risk to heart attack patients, expectant mothers and children,” he argued and proposed the airport be constructed at an earlier proposed site in Lango Baya which is 60 kilometres away.
The residents, who moved to court through Mtangani CBO, also claimed the airport expansion will result in the demolition of 4,000 permanent and 2,220 semi-permanent houses, causing them a huge loss.
“Temporary conservatory order is hereby granted against the respondents from acquiring, surveying, geo referencing, erecting beacons, evicting or dealing with properties in possession of the petitioners,” ordered the judge.
Sh5.6-bn project
Late last year, the government disbursed Sh300 million to the NLC for compensating residents living in the lands meant for the Sh5.6-billion expansion project.
NLC chairman Muhammad Swazuri then said nobody would be forcefully evicted from their land and that all those affected by the airport project will be compensated.
On December last year, the then Transport Principal Secretary Irungu Nyakera said the government had projected obtaining 130 hectares of land for the second in order to ensure that the runaway expansion is efficient.
The petitioners have been given 14 days to serve the respondents. The case will be heard onJune 5
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