Coast Land Non State Actors Network (CLNSA) case against the County Government of Mombasa on the Old Estates Housing project
The Coast Land Non State Actors Network (CLNSA) has been handling a case regarding the Mombasa Housing project by the County Government of Mombasa. The project is in relation to the Urban Renewal and Redevelopment of Old Estates which seeks to demolish and reconstruct the ten (10) housing estates within Mombasa County.
After failed attempts to engage the County Government of Mombasa over the issue, CLNSA members sought legal redress through a public interest litigation case,Petition No. 39 of 2016 filed at the High Court of Mombasa. (The pleadings are herein attached). The consortium of organisations namely Haki Yetu Organisation, Kituo cha Sheria and TI Kenya filed pleadings as petitioners under certificate of urgency seeking for orders interalia that pending the hearing and determination of the application, conservatory orders be issued restraining the County from engaging any further in the Urban Renewal and Redevelopment of Old Estates through joint venture partnerships.
Some of the grounds adduced in the application are that:
- The County failed to solicit for views from members of the public as key stakeholders, in the design, conceptualisation and anticipated implementation of the Urban Renewal and Redevelopment of Old Estates Plan.
- The plan threatens the right to accessible and adequate housing of the residents of Mombasa County.
- That the proposed project is a novel project being undertaken by the County Government of Mombasa whose implications runs to the tune billion shilling thus of great national and public interest.
The matter came up today and here's an update:
This matter was before Justice Otieno at the Mombasa High Court. This was a hearing for the Interested Party's Application dated 14th September 2016. We did not oppose their application to be enjoined in the suit, because the documents they are relying on are the same ones that the Respondents have filed.
We however requested the Judge to grant us at least status quo order but he declined. Instead, he directed that we abandon the application and that the Petition be heard expediently.
The court therefore directed the following:
1. The Interested Party be enjoined to the Petition.
2. Petitioners to serve the Interested Party with the Petition by close of business today.
3. Interested Party to file response to the Petition within 7 days of being served.
4. Petitioners to file Further Affidavit within 7 days of being served by the Interested Party.
5.Parties to be at liberty to file written submissions latest by 12/10/16.
The Hearing of the main Petition will be on 14th October 2016.