Buxton estate tensions escalate after county officials attacked

At the heart of the dispute is a joint venture agreement between the county and the developer, which provides for the county to receive 10 per cent of all housing units. [Robert Menza, Standard]

A dispute over the multibillion-shilling Buxton Point housing project in Mombasa turned violent after county officials were allegedly attacked while enforcing a government order suspending construction over outstanding contractual obligations.

The confrontation came a day after County Executive Committee Member (CECM) for Lands, Housing, and Urban Development Mohamed Hussein ordered GulfCap Real Estate to halt all construction activities pending the resolution of disputes involving the county government and hundreds of former Buxton Estate residents.

The officials were reportedly pelted with stones as they attempted to serve the developer with an enforcement notice, with allegations that individuals linked to businessman Suleiman Shahbal were involved in the confrontation.

Hussein condemned the incident, saying attempts to intimidate government officers would not derail efforts to enforce the law and protect public interests.

"Let them bring goons, machetes, and stones if they want. I am not intimidated. I will execute my duties, and nobody will threaten me. The law must be followed, regardless of who you are or how much money you have," he said.

"We are here for the people of Mombasa, and we will ensure their rights are protected. Nobody is above the law," he added.

The November 10 enforcement notice, issued by County Director of Physical Planning Qassim Ali, directed GulfCap Real Estate to stop further development activities and obtain valid construction permits.

The notice, issued under Section 72(1) of the Physical and Land Use Planning Act, cited construction under a varied development plan without county approval and an ongoing dispute involving the developer, former tenants, and the county government.

The notice was reportedly received by the project's manager, Billy Okendo.

At the heart of the dispute is a joint venture agreement between the county and the developer, which provides for the county to receive 10 per cent of all housing units. [Robert Menza, Standard]

At the heart of the dispute is a joint venture agreement between the county government and the developer, which provides for the county to receive 10 per cent of all housing units and commercial spaces developed in the first and second phases.

An addendum to the agreement signed on January 15, 2020, outlines the county's entitlement, with the allocation expected to be transferred upon completion of the second phase.

In a letter dated April 30, 2025, the county demanded 10 per cent of the proposed 1,800 housing units, translating to 180 apartments. The demand was renewed in February 2026, with the county seeking details on how the allocation would be implemented.

However, in correspondence dated September 22, 2026, the Department of Lands, Urban Planning and Housing expressed concern over what it described as the developer's failure to provide substantive responses to previous demands.

The county also questioned whether GulfCap had provided performance security equivalent to 10 per cent of the total construction cost for each phase, as required under the agreement.

It further demanded proof of payment of the Project Development Fee, which is payable in instalments as the project progresses.

The county said it had also raised technical and planning concerns during a meeting with the developer on April 15, 2026, including the need to address outstanding issues and resubmit the masterplan application.

But the dispute goes beyond the county's financial and contractual entitlement, with more than 500 former residents accusing the developer of failing to honour promises made when they were displaced in 2019.

John Tsuma, Secretary-General of the Buxton Tenants Welfare Association, said former residents had waited for more than seven years to return to their homes despite assurances that they would be prioritised once construction was completed.

"We are very disappointed by what happened. We had a meeting with the CECM, and he made it clear that all construction activities should stop until the outstanding issues are resolved. We did not go there to fight anybody. We wanted the directive implemented," Tsuma said.

He accused the developer of benefiting from the project while former residents continued to struggle to secure the houses they were promised.

"The developer has benefited from A to Z. He was given land by the county government, and the houses were sold off-plan. Yet, when it comes to fulfilling the promises made to former residents, we are still being taken around in circles," he said.

Tsuma said residents were not demanding free houses but wanted the affordable tenant-purchase arrangement they were promised before leaving the estate.

"We are not asking for free houses. We want the tenant-purchase arrangement that was promised to us so that we can pay for the houses and return to our homes," he said.

He also questioned why the developer had allegedly failed to surrender the county government's 184 housing units under the joint venture arrangement.

Mohamed Mzee Rubea, chairman of the evicted Buxton residents, said the money paid to the families during their displacement was a relocation allowance and not compensation for their homes.

He said the former tenants were given Sh240,000, with assurances that they would rent alternative accommodation for 12 months and return once the houses were completed.

"What we received was relocation money, not compensation for our houses. We were told to take the money and rent houses for 12 months and that we would be the first people to return once construction was completed. But here we are, more than seven years later, still waiting," Rubea said.

He said the original agreement involved 522 former tenants who were promised priority access to houses under the redevelopment.

Rubea added that each household was also promised Sh60,000 as a deposit towards acquiring a house under the tenant-purchase scheme.

"We were promised Sh60,000 as a deposit for those who would take up the houses. The developer later said the money would only be given to those who actually acquired the units. We are still waiting, and many of us have not received anything," he said.

At the heart of the dispute is a joint venture agreement between the county and the developer, which provides for the county to receive 10 per cent of all housing units. [Robert Menza, Standard]

He further claimed that the county had written to the developer in 2023, 2024, and 2025 seeking engagement over the outstanding commitments.

Mutua Mutia, another former resident, said the prolonged dispute had left families frustrated, especially after they were promised they would return within a year.

"I have lived in Buxton since I was a young boy. My firstborn child is now more than 30 years old, and the history of Buxton is one that pains us. We were evicted with the promise that we would return after one year, but today it is seven years and we are still struggling," Mutia said.

The former residents are also demanding the reconstruction of an Early Childhood Development (ECD) centre demolished to pave the way for the project, as well as the construction of a promised community social centre.

Hussein said the county had yet to receive either facility or its share of the housing project.

"The county has not received its 10 per cent share to date. There was an agreement that the demolished ECD centre would be reconstructed and handed over to the county, alongside a community social centre, but we have not received either," he said.

The first phase of Buxton Point delivered 584 housing units in 2023, while the second phase is expected to provide between 1,400 and 1,500 additional apartments. Completion had been scheduled for August 2027.

However, GulfCap Real Estate Chief Executive Officer Chris Ochieng defended the developer's position, saying 492 housing units would be handed over to buyers by December.

While urging the county to stop politicising the project, Ochieng warned that the ongoing controversy risks disrupting the project’s completion and affecting hundreds of workers who depend on it for their livelihoods.

He said the county government's 10 per cent share would be transferred upon completion of the project.

He also maintained that the developer had supported displaced residents by providing Sh240,000 for relocation and offering them preferential rates to purchase apartments.

Ochieng said the continued involvement of county officials in the dispute was unfortunate, particularly at a time when 492 homeowners are expecting to take possession of their houses in December.

He noted that the controversy was not only creating uncertainty among prospective homeowners but also threatening the livelihoods of hundreds of people employed directly and indirectly through the project.

“It is very unfortunate that Mombasa County officials are bringing politics into a national project. We have 492 homeowners who expect to take possession of their units by December. Beyond the homeowners, hundreds of people depend on this project for employment and their daily livelihoods,” said Ochieng.

He called on the county leadership to allow the project to proceed without unnecessary political interference, arguing that Mombasa has previously witnessed housing projects that stalled despite significant public interest.