FAHAD IQBAL AHMED BAYUSUF V. MBESA INVESTMENTS LIMITED & 2 ORS

JUDGMENT

1. In this appeal, the appellant, Fahad Igbal Ahmed Bayusuf (Bayusuf), is challenging a ruling delivered on 10th December 2020 by which the High Court at Mombasa (Ogola, J.) held that it has jurisdiction to entertain a petition by the 1st respondent, Mbesa Investments Limited (Mbesa Investments), seeking declarations that the 3rd respondent, The County Government of Mombasa (the County Government), violated Mbesa investments’ rights under Article 47 of the Constitution of Kenya, 2010 by issuing it with an enforcement notice to stop approved development of a Two 10 storey building on its beachfront properties in Mombasa, LR No.’s MN/I/3412, 5503 and 5504 (the Project). In the result, the High Court dismissed a preliminary objection on jurisdiction in which the County Government contended that jurisdiction in the matter vested exclusively in the Environment and Land Court (ELC).

2. The background in brief is that Mbesa Investments obtained approvals for the Project from the County Gove…