American Towers Corporation suspended in Kilifi over land dispute

The global company American Towers Corporation has suffered a blow after Kilifi County had suspended the installation of telecommunication masts in Kenya pending the determination of the case.

Environment and Land Court ELC in Malindi temporarily halted the project following a complaint lodged by six Italian investors. ATC is set up Base Transceiver Stations Tower in Malindi as it seeks to expand its foothold in the country.

Paolo Di Maria and five other Italian investors moved to the court to oppose the project, claiming ownership of the land.

The six have sued Ms Alice Kuria, Ms SaraH Kuria NEMA Communications Authority of Kenya CAK and Kilifi County government.

The court also declined to refer a dispute to the National Environment Tribunal NET for resolution. The court stated that the court has jurisdiction to resolve any dispute relating to the environment and land.

I find that the court has the requisite jurisdiction to decide the plaintiffs suit according to the law, which gives the court a wide mandate to deal with matters relating to the environment and land. I, therefore, find that the preliminary objection is rejected and lacking merit says the judge.

The court directed the orders and granted the application and directed that the application be served to the respondents on inter partes hearing.