Why court has halted Sh17 billion Mombasa waste project

High Court certifies as urgent petition challenging approval of Sh17 billlion waste management project by Mombasa County. [File, Standard] 

High Court in Mombasa has certified as urgent a petition challenging the county government's approval of a Sh17 billion waste management project without county assembly approval or public participation.

Justice Jairus Ngaah on Tuesday directed that the application be served immediately and gave respondents and interested parties seven days to file their responses.

The court will give directions on how the application will be disposed of on December 15.

The petition, filed on November 28 under a certificate of urgency, contests the legality of the waste management contract approved by the Mombasa County Government.

Hundreds of plastic wastes are scattered around berths at the Port of Mombasa. [File, Standard]

Petitioner Mohamed Ali, the current MP for Nyali Constituency, argues the county government bypassed mandatory legislative and public consultation processes in approving the multibillion-shilling contract.

The Ethics and Anti-Corruption Commission (EAC), the County Government of Mombasa, and eight others have been named as respondents and interested parties in the case.

The project, covering design, construction, financing, operation, and eventual transfer of a waste-to-energy plant in Mwakirunge, comes amid ongoing challenges in the county’s waste management.

Residents and watchdogs have raised concerns about illegal dumping sites, inefficient collection systems, and lack of transparency in procurement processes.

Under the County Governments Act, public participation is required in major infrastructure decisions, and the petitioner argues the approval of this project violated these legal obligations.

Oversight bodies and lawmakers have previously flagged concerns over the project’s tendering process, prompting calls for investigation and accountability.