By Martin Masai
The long-running dispute over the proposed cement manufacturing plant at Itimboni has taken a fresh legal turn after residents demanded that the Machakos County Government produce all approvals and planning documents relating to the controversial project.
Through A.N. Ndambiri & Co. Advocates, the Junction Residents Association has written to the County Executive Committee Member (CECM) for Lands, Housing, Urban Development, Roads and Transport demanding detailed information on the approvals issued for developments on Athi River Block 1/68 and Athi River Block 1/48.
The action comes days after the residents were subjected to a fourth public participation exercise over whether or not to allow construction of Lombordat Cement Plant within Itimboni. The recent meeting was called by the Mavoko Deputy County Commissioner, notwithstanding objections by the Machakos county government, indicating that some powerful people are pushing the project on the residents.
The residents argue that the proposed cement factory and other developments threaten their constitutional right to a clean and healthy environment and have questioned whether the county complied with mandatory planning and public participation requirements before approving the project.
In the demand letter dated July 10, 2026, the advocates state that the association represents property owners and residents from the Kyumbi area, including Maanzoni Ranch, Kyumbi Town and neighbouring settlements.
They accuse the county of allowing rapid land use changes, subdivision, change of user, industrial developments and construction that they say have caused environmental and planning concerns.
The residents cite provisions of the Constitution and the Physical and Land Use Planning Act, 2019, arguing that county governments are legally required to prepare and approve physical development plans, establish County Physical and Land Use Planning Consultative Forums and ensure that development applications undergo public participation before approval.
Among the documents demanded are evidence that Machakos County constituted its Physical and Land Use Planning Consultative Forum, copies of the County Physical and Land Use Development Plan, the Local Physical and Land Use Development Plan for the Kyumbi area, applications for change of user affecting the two parcels of land, applications to construct factory buildings and copies of all development permissions issued.
The association has also demanded documentary proof that the public was adequately notified and consulted before any approvals were granted for the proposed cement manufacturing project.
The lawyers have given the county government 14 days to supply the requested information.
Failure to do so, they warn, will be treated as evidence that the approvals and statutory processes either do not exist or were never undertaken.
They say they have instructions to move to court seeking declarations that the county failed to perform its constitutional and statutory obligations and orders to protect residents’ fundamental rights and the environment.
The latest move significantly raises the stakes in the Itimboni dispute, which has attracted strong opposition from sections of residents who have consistently questioned the legality of the approval process, environmental safeguards and the adequacy of public participation.
The legal notice signals that the battle is now shifting from public protests to the courts, where residents are expected to challenge the planning and approval process should the county fail to produce the requested documents within the stipulated period.
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