Court stops Changamwe MP’s school project in land dispute
Changamwe MP Omar Mwinyi (in cap) addresses the press after being ranked third Best MP in the Country at the Africa Champions Awards. Looking on is Head of Communication Fredrick Kyalo (right), who presented him with the trophy at the Changamwe NGCDF offices in Mombasa County on April 1, 2025.
What you need to know:
- He argued that the MP’s unilateral decision to launch a construction project on the land without consulting or compensating the residents amounts to an abuse of power and a violation of their rights.
- “The plaintiffs are in fear of losing their ancestral homes due to the defendant’s actions,” reads part of the court documents.
The construction of a learning institution in Changamwe has been thrown into disarray due to a land ownership dispute between residents and the area leadership.
The Mombasa Court on Friday issued orders temporarily stopping Changamwe MP Omar Mwinyi from constructing the school after residents claimed the plot where the institution is being constructed is their ancestral land.
Resident Magistrate Noelyne Reuben stopped the project pending a hearing and conclusion of a case filed by businessman and politician Peterson Mitau on behalf of residents of the Saratonga area within Changamwe.
“The plaintiff is granted an order of temporary injunction. The defendant nor his agents are not permitted to erect any structures or interfere with the suit property until the end of these proceedings,” said the magistrate.
The magistrate also directed Mr Mitau to serve the court documents on Mr Mwinyi. In the suit papers, Mr Mitau, who said he is acting as an elected representative of the Saratonga residents, claims that the lawmaker is using his political influence to illegally take over the community’s ancestral land under the guise of building a school.
He told the court that residents have lived on the disputed land for many years and even have their loved ones buried there.
He argued that the MP’s unilateral decision to launch a construction project on the land without consulting or compensating the residents amounts to an abuse of power and a violation of their rights.
“The plaintiffs are in fear of losing their ancestral homes due to the defendant’s actions,” reads part of the court documents.
He claims that the politician wants to use his political position to dupe and push the residents unlawfully out of their homes to advance his political agenda.
Mr Mitau claimed that unless the court intervenes, the residents are likely to suffer irreparable harm and unfounded losses.
He also accused the MP of ignoring previous notices and demands to stop the construction, leaving the community with no option but to seek legal redress.
He wants the court to issue a permanent injunction barring Mr Mwinyi from accessing or developing the land.
Mr Mitau also seeks an order for the demolition of any structures already built on the plot, damages for losses incurred by the residents, and any other relief the court may deem fit.
The matter will be mentioned on June 20.