A Mombasa court has declined to suspend Kenya Ports Authority’s Sh1.5 billion project at the Likoni Ferry Crossing, paving the way for works on the mainland side, comprising reconstruction of a holding bay and construction of a temporary bus terminal, to continue.
The Environment and Land Court in Mombasa directed Kenya Legal Trust Fund and One Clear Mission Organisation, which filed the case, to serve their documents on KPA, the National Environment Management Authority (Nema), the National Construction Authority and the Mombasa County Government, which have been sued in the case.
“The application is not certified urgent. Serve within three days. Hearing on September 24,” the court directed on August 25.
The documents will also be served on Resconsult Ltd and Limitless Trading Ltd, the consultant and contractor respectively for the project.
According to court documents, Resconsult is responsible for the preparation, supervision and implementation of the works, while Limitless Trading is undertaking the construction. The two organisations filed the case on August 21 under a certificate of urgency, challenging the project over alleged breaches of constitutional, procurement, environmental and construction laws.
They have raised concerns over the alleged failure to disclose key information relating to the project, including tender advertisements, procurement records, evaluation reports, details of bidders, bills of quantities, cost estimates and valuation reports.
The petitioners also contend that residents of Likoni, ferry users, transport operators, businesses and other affected stakeholders were not consulted before construction began.
They argue that the Likoni Ferry Crossing, a public facility used by thousands of Kenyans daily, is a project that directly affects the public and therefore required meaningful public participation.
The groups further question the availability of environmental and regulatory approvals. They claim they have not been provided with the project’s Environmental Impact Assessment report, NEMA compliance records, county approvals or National Construction Authority registration and compliance documents.
MV Likoni ferry operates within the Likoni Ferry Channel crossing in this photo taken on August 18, 2024.
Photo credit: File | Nation
According to the petitioners, the project signboard at the site displays Nema licence number NEMA/EIA/SPA/24012 but leaves the spaces for county approval and National Construction Authority details blank.
"Upon reviewing the information displayed at the project site, I noted that critical statutory information was either omitted or unavailable. The project signboard does not indicate any County Government approval number or development permission," said Kenya Legal Trust Fund program officer Marius Oduogi in a supporting affidavit.
The petitioners want the court to compel the respondents to disclose the project’s procurement, costing, environmental and regulatory records and order an independent audit of the processes leading to the project.
They are also seeking declarations that the project cannot lawfully proceed without compliance with constitutional, environmental, planning, procurement and construction requirements.
"Considering the magnitude of the project and the substantial public funds involved, I reasonably expected that the project would be undertaken in strict compliance with the Constitution and all applicable laws," he said
A truck leaves the Kenya Ports Authority (KPA) container terminal at the port of Mombasa, Kenya.
Photo credit: Reuters
Mr Oduogi described the case as public interest litigation aimed at protecting public resources, public land and environmental rights.
“Most importantly, no public participation whatsoever was conducted before commencement of the project,” Mr Oduogi stated.
He argued that continued construction could see the project completed before the court determines its legality, potentially rendering the proceedings nugatory and prejudicing the public.
"Despite the project being undertaken on public land and involving substantial public expenditure, there has been no disclosure of procurement records to members of the public. I have not seen any tender advertisements relating to the project," he said
All the respondents are yet to file their response to the petition. The project forms part of broader efforts to ease traffic congestion and enhance the flow of vehicles and pedestrians at the Likoni Ferry Crossing.
The works involve expanding the ferry ramp, rebuilding holding bays and putting up pedestrian waiting sheds on the mainland side.
The project is aimed at improving the efficiency and safety of operations along one of the county’s busiest and most crucial transport corridors. The case will be mentioned on September 24.
