- High Court stops AGOL from expanding into protected Kilindini Bay mangrove forest.
- Existing AGOL operations may continue, but no new major construction is allowed.
- Case challenging the legality of the forest land allocation set for priority hearing.
The High Court in Mombasa has ordered a halt to any further expansion or new construction by African Gas and Oil Company Limited (AGOL) into the protected coastal mangrove swamp forest in Kilindini Bay.
The conservatory orders, issued by Justice Belinda Akelo, come after a petition raised concerns about ecological damage, oil spills and questionable land allocations linked to the liquefied petroleum gas (LPG) firm, which is owned by businessman Mohamed Jaffer.
The petition was filed by John Onunga, represented by advocate Grace Okumu. He asked the court to stop AGOL’s continued encroachment into the Kilindini Bay mangrove ecosystem, arguing that a protected environmental zone has become a busy oil and gas landing site.
Court filings say the company’s operations have caused frequent oil spills during offloading from marine vessels, disrupted fish breeding grounds through construction and heavy vessel movement, and degraded the swamp forest that helps protect Mombasa’s shoreline and marine biodiversity.
A central part of the petition concerns how AGOL, a private company, came to hold such a large area of gazetted public forest. Onunga alleges that the Kenya Forest Service (KFS) granted the company a 30 year special use licence in 2012 covering about 23.103 hectares of forest land in Kilindini Bay, an area later expanded by a further 17.282 hectares through additional agreements. He claims the entire process was carried out without proper public disclosure.
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The petition argues the allocation is unlawful on two grounds. First, the land remains protected under Proclamation No. 42 of 1932, which declared the area a coastal mangrove swamp forest and barred human activity there, and no formal degazettement has taken place. Second, the allocation is said to breach Articles 62 and 67 of the Constitution of Kenya, which set out how public land is managed and the role of the National Land Commission (NLC).
In her ruling, Justice Akelo said the court had a constitutional duty to protect the coastal mangrove forests for present and future generations. At the same time, she recognised AGOL’s significant role in the region’s energy supply and declined to order a full shutdown of its existing operations.
Her order states that AGOL and KFS, along with anyone acting on their behalf, must not begin or carry out any new major construction within the licensed mangrove forest area pending the full hearing of the case. She clarified that the order is meant only to preserve the current physical footprint of existing infrastructure and should not be read as permission to expand further into the disturbed mangrove area.
Justice Akelo certified the case as urgent and set it down for priority hearing. She directed that the petition, notice of motion and conservatory orders be served within two days on AGOL, KFS, the National Land Commission (NLC), the National Environment Management Authority (NEMA) and the Attorney General (AG).
By Benedict Aoya
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