The Kenya Ports Authority (KPA) has been spared from the restriction order to access the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET).
According to a judgment by the Court of Appeal, the restrictions are against public interest.
They said the restriction of access to the premises will be against public interest taking into consideration the billions that have been keyed into the project.
“We are persuaded that in all the circumstances of this case if what is being sought to be stopped takes place, it will be irreversible,” ruled. Court of Appeal judges Stephen Kairu, Pauline Nyamweya and Jessie Lesiit.
If the court fails to permit an order stropping the Environment and Land Court (ELC) from execution, the government agency will be evicted from the facility which will lead to KPA standing a chance to suffer massive losses.
“We have come to the conclusion that KPA has satisfied the twin principles for grant of stay of proceedings pending hearing and determination of the appeal. Consequently, there shall be a stay of execution of the judgement and consequent orders of the ELC dated and delivered March 23, 2021,” said the judges.
They also added that KPA has demonstrated that the developments on the suit property are enormous and lots of money and time has gone to the project.
Failure of the National Lands Commission (NLC) to compensate nightshade properties led to this dispute.
The 100 acres of land located in Mokowe, Lamu was compulsory acquired for the LAPSSET project.
