Lady Justice Lucy Waithaka of the Environmental court has restrained the Laikipia county government and two Muslim businessmen from continuing with further constructions on the mosque which residents say is located on an un-surveyed residential area in Milimani estate in the town.
Three residents, Mr Zacharia Macharia Kagunya, Mr Antony Gathetha Ndung'u and Ms Joyce Wachira moved to court on February 5 this year and sued the county government, business men Adan Hussein and Ali Muhammed for illegally allowing and converting a residential plot to a worship centre.
Through lawyer John Otieno Obwuor they are arguing that Mr Hussein and Mr Muhammed purchased the un-surveyed residential plot on February 2006 as the trustees of Milimani park mosque.
"The suit property was first allocated to the original owner in November 11, 1993 and was planned for a single residential use and the same has not been surveyed to pave way for the change of user process to be effected," the court papers state.
They are also arguing that the Environmental Impact Assessment has not been conducted to enable the change of the suit property from single residential plot to a mosque.
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