Groups say Mombasa County’s multi-billion housing plan unlawful

Khadija estate that the Mombasa County government plans to demolish and construct new modern houses. Three organisations now want the High Court to nullify the multi-billion shilling housing project, citing non-compliance with the law. FILE PHOTO | LABAN WALLOGA | NATION MEDIA GROUP

What you need to know:

  • Through their lawyer, Willis Oluga, they have said the project is initiated and was implemented without public participation.
  • Mr Oluga said that both the petitioners and the residents learned of the expensive project through the media.
  • Mr Walter Amoko, for the county government, defended the project saying the public participated in the entire process.
  • Mr Oluga said they support of the noble idea, but said the process should have complied with the law.

Three organisations now want the High Court to nullify Mombasa County government’s multi-billion shilling housing project, citing non-compliance with the law.

Legal Advice Centre, Haki Yetu St Patrick’s and Transparency International Kenya, through their lawyer, Willis Oluga, have said the project is initiated and was implemented without public participation.

“The respondents ordinarily failed to supply petitioners and the residents with the documents relating to this project. This therefore shows the residents had no knowledge of the project and its benefits as well as negative effects,” Oluga told High Court Judge Patrick Otieno Monday evening.

The county intends to provide more than 30,000 housing units to residents as part of its Sh200 billion Vision 2035 mega projects in which twelve estates will be demolished in the process.

Mr Oluga said that both the petitioners and the residents learned of the expensive project through the media, against the provisions of the law that requires involvement of the residents in such projects that will directly affect them.

“Public participation was a key ingredient of the programme. Boardroom media briefings and discussion between the county officials and tenants do not amount to public participation,” he said.

He added, “We therefore submit that the project instituted is and was in breach of the right of the residents to be involved in the entire process, hence should be rendered null and void.”

DEFENDED PROJECT

Mr Walter Amoko, representing the county government in the suit, defended the project saying the public participated in the entire process.

He said that those opposed to the project have their personal interests and that they do not represent the residents as they allege.

“The petitioners do not necessarily represent the county residents. They are just self-appointed super government agencies who want to veto the county government,” he said.

He said there is documentary evidence indicating that the public indeed participated in the project from the conceptualisation stages, therefore it was not in order the the petitioners to claim that the entire process was done in private.

The three organisations have sued the county government, county secretary Francis Thoya and Housing Executive Anthony Njaramba accusing them of not seeking public opinion before embarking on the grand project.

The organisations claimed that tenders had been advertised for the commencement of the project in Khadija, Miritini Greenfields, Changamwe, Likoni and Nyerere estates but were not subjected to public participation.

Mr Oluga noted that they were in support of the noble idea of constructing affordable houses, but said the process should have complied with the law.