Activist Rita Valentini speaking to the Media in Malindi.Photo by Ben Okweingoti. 
By Ben Okweingoti.
Environmentalists and residents of the Casuarina area in Malindi Town, Kilifi County, have expressed outrage after a private developer allegedly defied court orders barring further construction at Casuarina Beach.
The Environment and Land Court in Malindi, presided over by Justice Mwangi Njoroge, had on February 23, 2026 issued orders restraining the developer from continuing with the construction of a high-rise building until a case before the court is heard and determined.
In his directive, Justice Njoroge ordered that the Deputy Registrar of Lands visit the site and file a report in court. The judge also clarified that no development should proceed above the third floor pending the hearing of the application scheduled for April 20, 2026.
“It is hereby ordered that the Deputy Registrar of Lands visit the site and make a report in this file and the orders made are hereby varied to restrain only any developments that are above the third floor pending hearing of the motion inter parties on April 20, 2026,” Justice Njoroge stated in the ruling.
However, environmental activists claim the developer has ignored the court’s directive and continued with the construction works.
The activists, led by Rita Valentini, filed a lawsuit against the developer, Shadia Munini Faryd, the Kilifi County Government, the National Environment Management Authority (NEMA), and the Attorney General over what they term as blatant violations of construction regulations in the area.
Valentini accuses the developer of putting up a four-storey residential building contrary to zoning regulations governing the Casuarina area. She also faults the Kilifi County Government and NEMA for allegedly approving the project without following due process.
According to the petitioners, the current development policy and zoning guidelines by the Kilifi County Government classify the Casuarina area as a low-density residential zone. The guidelines, they argue, only permit developments such as villas, townhouses, maisonettes and bungalows.
The activists further state that the regulations do not allow the construction of high-rise apartments along Bamboo Lane Road or within the wider Casuarina neighbourhood.
While protesting what they described as blatant disregard for the court orders, Valentini accused the developer of acting in defiance of the law.
“The court ordered that the building does not go beyond three floors, but unfortunately the construction is still ongoing despite an existing court order that restrained the continued construction,” she said.
Valentini further alleged that the developer proceeded with the four-storey construction without obtaining key approvals, including a change-of-user authorization from the Kilifi County Government, certification from the National Construction Authority (NCA), approvals under the Physical Planning Act, and an Environmental Impact Assessment licence from NEMA.
She warned that the development poses a potential environmental risk and could endanger public safety.
“It is illegal and a danger to both the environment and the public, and the structural integrity of such a structure is unknown. The development and construction on the subject property is in breach and in violation of, among others, Articles 42 and 70 of the Constitution of Kenya 2010,” Valentini argued.
The matter is expected to be mentioned again before the Environment and Land Court in Malindi on April 20, 2026, when the application will be heard inter partes.
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