Second case filed against Mombasa's Sh17b waste tender
Crime and Justice
By
Joackim Bwana
| Dec 05, 2025
Nyali MP Mohamed Ali has filed a case seeking to stop the Sh17 billion waste management tender awarded to Jospong Group, a Ghanaian conglomerate.
In a certificate of urgency filed before Justice Jairus Ngaah, Ali said that the tender did not go through the mandatory public participation and approval by the County Assembly.
The MP said that the county declined to avail documents showing the tender process that has raised concerns among civil society.
“As an MP of Nyali Constituency and a concerned leader from Mombasa, I have written to the County Government of Mombasa requesting documentation on how Mombasa entered a sh17 billion tender project with a Ghanaian company without the Assembly’s approval. The lack of transparency is unacceptable and deeply alarming,” said Ali.
On November 13, Mombasa-based human right group, Centre for Litigation Trust (CLT), also filed a case in court challenging the tendering process.
CLT Executive Director Julius Ogogo said that the county mysteriously awarded a tender for the design, building, financing, maintaining, operating and transferring of waste to an energy processing plant in Mwakirunge, Mombasa, for the financial years 2024/2025-2026.
Yesterday, Justice Ngaah certified Ali’s urgent application and directed that the county responds within seven days after service of the application.
“I have read the applicant’s application dated November 28, 2025, filed under a certificate of urgency of even date. I am satisfied the application is urgent, and it is so certified,” said Justice Ngaah.
The judge directed that the application be served on the county government, and a response be filed within seven days.
In his application, Ali also questioned the credibility of Jospong Group, which he alleged has scandals in Ghana.
The MP said that it was unfortunate that the governor was investing Sh.17 billion in waste collection, yet the hospitals are not operational; the roads and sewer system are in a bad state, and youths have no jobs.
“You cannot invest sh17 billion in waste management yet the hospitals are not working, there are poor roads and no jobs. You are committing Mombasa residents to pay the sh17 billion over a period of 35 years, yet there are more pressing matters,” said Ali.
Ali said that he sought the engagement of the Ethics and Anti-Corruption Commission (EACC) to initiate a formal investigation into all agreements, procurement processes, public expenditures, travel arrangements, project approvals and related activities between the county government of Mombasa and Jospong Group of companies that was assigned sh17 billion tender projects for waste management.
“It is imperative that we seek information on what transpired and how such a project gained approval without the assembly,” said Ali.
He said that only four lorries and 20 tuk-tuks have been bought so far.
On his part, Ogogoh sued Mombasa County Government and the County Executive Member of Finance, Mombasa County Government, and cited Jospong Group of Companies and the Speaker of the County Assembly of Mombasa as interested parties.
Ogogoh said the tender was shrouded in secrecy since no public participation was conducted by the county in line with the provisions of the law and the Constitution.
The Director said the tender has never been tabled before the County Assembly of Mombasa for deliberations as required by law, notwithstanding the fact that the oversight role with respect to expenditure over devolved funds is vested in the respective County Assemblies under the provisions of Article 226(2) of the Constitution.
“The award of the tender aforesaid to Jospong Group of Companies by the county was not fair and transparent but was shrouded in secrecy since no public participation was conducted in line with the provisions of the law and the Constitution,” said Ogogoh.
He wants Mombasa County to make public about the details and number of entities that apply for the tender, the shortlisted tenderers and those awarded.