Judge declines to block Sh200bn housing plan for Mombasa

The High Court has declined to suspend the implementation of a controversial Sh200 billion housing project spearheaded by the Mombasa County government.

The regional government seeks to demolish houses in 10 estates to pave the way for the mega project.

Justice Njoki Mwangi declined to grant interim orders restraining the officials from engaging in the urban renewal and redevelopment of old estates.

However, she directed the county to file its response to an application by the Legal Advice Centre, Haki Yetu St Patrick’s and Transparency International-Kenya within the next 21 days.

“In the interest of justice and taking into account that this matter is of great public interest to the residents of Mombasa, I grant the respondents 21 days to file and serve their response,” said Justice Mwangi.

The organisations also want the file to be placed before the Chief Justice for the appointment of a three-judge bench to hear the case.

They claim there was no public participation in designing the plan, which is part of the county's Vision 2035 programme.

Governor Ali Hassan Joho had previously been criticised by some political leaders in Mombasa over the project, aimed at replacing dilapidated houses with modern ones.

According to the organisations, officials intend to conduct a groundbreaking ceremony this month.

They further claim that the county failed to seek views from them as key stakeholders in the design, conceptualisation or anticipated implementation of the plan.

“If the urban renewal and redevelopment of old estates plan is implemented as it is, the respondents will have failed to follow due process by breaching the law and failing to invite the participation of county residents and estate tenants,” the organisations say in their application.

They have sued the regional government; the county secretary and the county executive for land, planning and housing.

The judge directed the application be heard on September 15.