Nine officials of the Huruma Muslim Community have approached the High Court, requesting that the criminal prosecution against them be halted pending resolution of a related civil land dispute.

The petition seeks to quash the Director of Public Prosecutions’ decision to charge the officials with forceful takeover of land that the community says belongs to the Supreme Council of Kenya Muslims Registered Trustees (SUPKEM).

Applicants also asked the court to suspend criminal proceedings in Milimani case number MCCR E528 of 2026 until the Environment and Land Court decides the underlying ownership dispute.

In their filing, the officials allege that SUPKEM has launched multiple cases based on the same facts, arguing that the core issue concerns property ownership and future development, not criminal conduct.

The community claims the land was allocated to them in 1971 by then Nairobi Mayor Margaret Kenyatta on the condition that it be used solely for religious purposes, and it has functioned as a mosque and school since 1972.

According to the petition, more than 6,000 worshippers could lose access to the Huruma Jamia Mosque and its school if plans to demolish the facilities and replace them with a petrol station, shopping mall and residential apartments proceed.

The officials contend that SUPKEM, registered in November 1973, only became involved after the land had already been granted, and that the DPP approved charges on 16 September 2026 despite an ongoing land dispute before the Environment and Land Court.

The petition argues that proceeding with criminal charges amounts to an abuse of the criminal justice system and threatens the community’s right to access justice.

Court documents note that the applicants warn demolition without public participation would prejudice the community and could spark public tension, urging the court to maintain the status quo.

The officials further state that the community has continuously occupied, developed, and paid rates on the property for decades, and only sought assistance from SUPKEM when it began acting as trustee in 1977.