KHRC allowed to join Sh200b housing case

Kenya Human Rights Commission Executive Director George Kegoro addresses a media briefing at Norfolk hotel in Nairobi on November 12, 2015. KHRC has been allowed to take part in a housing case. PHOTO | NATION MEDIA GROUP

What you need to know:

  • Justice Patrick Otieno on Friday allowed an application by the organisation to participate in the proceedings in support of the petition.
  • The court was later informed that the county government had no problems with the judge presiding over the petition.

Kenya Human Rights Commission has been allowed to participate as an interested party in a petition in which three organisations want the Mombasa County government stopped from implementing a Sh200 billion housing project.

Justice Patrick Otieno on Friday allowed an application by the organisation to participate in the proceedings in support of the petition.

KHRC will not file any documents in court but it is expected to argue its case orally and only on points of law.

Legal Advice Centre, Haki Yetu St Patrick’s and Transparency International Kenya, who have filed the petition, want a permanent injunction restraining the county government from implementing the project within Mombasa through a joint partnership.

Through lawyer Willis Oluga, the petitioners’ have sued the county government, county secretary and Mr Anthony Njaramba as county executive committee member — land, planning and housing department.

The judge had also informed the parties that he had previously served with Legal Advice Centre as a volunteer advocate and he sits at the organisation’s annual general meeting.

This prompted the county government lawyers to seek for time to consult with their clients.

The court was later informed that the county government had no problems with the judge presiding over the petition.

The petition was to proceed for hearing but was adjourned as the judge was scheduled to travel later in the afternoon.

The petitioners claim that tenders have already been advertised for commencement of the project in Khadija, Miritni Greenfields, Changamwe, Likoni and Nyerere Estates.

The second phase, according to the petitioners, involves the redevelopment of 12,000 modern housing units in Tudor, Mzizima, Buxton, Tom Mboya, Kaa Chonjo and Kizingo Estates.

They claim as much as the county of Mombasa is in need of accessible and affordable housing especially for the poor, the proposed implementation of the project fails to comply with crucial legislation including the Constitution.

They further argued that the implementation of the plan has been designed by the county government without public participation involving stakeholders and residents of Mombasa as a joint venture partnership whereby private developers have submitted bids to participate.

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According to the petitioners, the first phase involves development of one new estate and redevelopment of four old estates into modern housing estates.

“The respondents failed to provide residents and county tenants with an opportunity to participate in the development, conceptualization and implementation of the project,” the petitioners argue.

On its part, the county government of Mombasa said it seeks to supply 31,135 housing units in its housing project which it plans to demolish and reconstruct 12 housing estates.

County executive in charge of housing, Mr Anthony Njaramba, said the units will comprise a mix of bedsitters, one, two and three bedroomed houses.

Through an affidavit, Mr Njaramba said there will be amenities such as recreational facilities, health centres, schools and commercial facilities.

“As all the existing units are to be demolished, the county government of Mombasa has identified suitable alternative accommodation for them (tenants) as developments are being undertaken,” Mr Njaramba said.

He added that 20 per cent of all the new units are to be retained by the county government for rental and social housing.

According to Mr Njaramba, the units which exceed the current number of existing units will be leased to those tenants who need them.

Mr Njaramba said there is also a tenant purchase scheme exclusively available to the existing tenants who wish to purchase the new units.

According to the county executive, prices for the housing units will be at least 25-30 per cent lower than the market rates.

The case will be heard on Monday.