MOMBASA: The High Court in Mombasa has declined to stop plans to construct Sh90 billion housing project to replace 10 old estates buildings in the county.
Justice Njoki Mwangi said the parties will have to give their submission in the case before a decision is reached.
She advised the parties to resolve some issues out of court instead of insisting they be canvased in the court "Some issues the parties are asking can be settled by out of court settlement" said Justice Mwangi.
The Mombasa County plans to put up modern housing at Likoni, Khadija, Changamwe, Buxton among other estates.
The societies which have sued Mombasa County seeking orders stop the construction of the new estates are Haki Yetu represented by Kituo Cha Sheria.
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The civil societies led by Father Gabriel Dolan have accused Mombasa County of reaching at the decision of starting the project without consulting the tenants.
However the 700 tenants drawn from the 10 estates have applied to be enjoined in the suit after denying they were opposed to the project.
In an affidavit the tenants have revealed that they never gave the civil society mandate to sue the county government on their behalf.
The tenants who have come to the court as interested party want the suit filed by the civil societies be dismissed on grounds that they were not contacted about the filing of the suit against the county government.
The civil society is questioning the issue of land ownership in the earmarked estates.
They insist the land where the project will stand on is a public land and should not be allocated to private developers.
The judge ordered the application by the 700 tenants who want to be enjoined as an interested party to be heard on September 22.
