Civil society organisations in Mombasa have declined an invitation by Governor Abdulswamad Nassir to discuss the ongoing dispute over development at Treasury Square Garden, saying the matter is already before the courts.
The Coast Civil Society Network for Human Rights (CCSNHR) said it would not attend a meeting convened by the governor on Tuesday afternoon, arguing that any engagement on the dispute should take place through the judicial process.
The decision came a day after Mombasa County Chief of Staff Noah Akala invited representatives of the network to meet Nassir at the governor’s office.
Akala said the governor wanted to listen to concerns raised by civil society, clarify the circumstances surrounding the development and ensure the matter was addressed “constructively and transparently”.
However, in a response dated August 11, CCSNHR coordinator Edwin Shami said the network would not attend the meeting.
The network said it was already represented in court proceedings by the Centre for Litigation on Environment and Governance, Kituo Cha Sheria and Haki Yetu. It also cited a separate petition filed by the Mombasa Law Society.
“On account of these developments, any form of engagement outside the established structures of the court shall be considered sub judice. It is our position that any form of engagement be raised through court as recognised in law,” the network said.
The rejection came as the Environment and Land Court in Mombasa issued orders temporarily stopping further construction and other activities at Treasury Square Gardens.
Justice Bellinda Akello directed all parties to maintain the status quo on the disputed property pending an inter-partes hearing.
The case, filed as ELCEPPET/E004/2026, concerns Plot No BLOCK/XXV/52/MOMBASA, known as Treasury Square Gardens.
The court noted that building works were already underway and expressed concern that trees and habitat on the property could not be restored if destroyed before the dispute was determined.
Justice Akello ordered that no party, including officers, agents or contractors, should carry out or permit further construction, excavation, foundation, walling or roofing works on the property.
The order also prohibits the felling, lopping, uprooting or destruction of trees and disturbance of the bat habitat on the site.
No subdivision, sale, transfer, lease, charge or other dealing with the property is permitted while the preservation order remains in force.
Justice Akello, however, clarified that the order does not determine the dispute and said it was issued solely to preserve the subject matter of the petition pending an inter-partes hearing.
The petitioners have three days to serve the respondents with the petition, application, supporting documents and court order. Respondents have 14 days after service to file their responses.
The matter will return to court on September 21 for confirmation of compliance, highlighting of submissions, further directions and fixing of a ruling date.
The Treasury Square dispute is also the subject of a separate petition by the Mombasa Law Society.
In that case, Justice Anthony Ombwayo issued conservatory orders on Monday stopping the development pending an inter-partes hearing. The matter is scheduled for hearing on September 10.
The controversy centres on construction at Treasury Square Garden, a public recreational space outside the Mombasa County Assembly and next to the governor’s office.
The civil society groups allege that the garden was closed to the public in July before construction began. They also allege that a mosque is being built on public land without the necessary approvals and public participation.
The groups said they sought information from several government agencies but did not receive satisfactory responses.
The petitioners have also raised environmental concerns, saying the garden hosts indigenous trees and rare bat species whose habitat could be affected.
They argue that Mombasa Island has limited public recreational spaces, with Uhuru Gardens along Moi Avenue also inaccessible because of ongoing construction.
The groups want the court to permanently stop construction, have any structures already erected removed and the land restored to its original state.
They have also sought an order compelling the Chief Land Registrar to place a caveat on Treasury Square Garden to prevent future development.
The petitioners argue that allowing construction without adequate public participation and statutory approvals would violate constitutional principles of transparency, accountability and responsible management of public resources.
