Mombasa High Court Fast-Tracks Challenge to Sh17 Billion Waste Deal Awarded to Ghanaian Firm
MOMBASA - In a significant development for public procurement accountability, the High Court in Mombasa has certified as urgent a legal petition contesting the County Government of Mombasa's decision to award a massive Sh17 billion waste management contract to a Ghanaian company. The ruling, delivered today, underscores growing concerns over transparency in the handling of devolved funds and the tender process that led to the selection of the Jospong Group of Companies.
The contract in question centers on the design, construction, financing, operation, maintenance, and eventual transfer of a state-of-the-art waste-to-energy processing plant in the Mwakirunge area. Valued at Sh17 billion, the agreement spans the 2024/2025 to 2026 financial years, aiming to modernize Mombasa's waste management infrastructure amid pressing urban sanitation challenges. The Jospong Group, a prominent Ghanaian conglomerate with expertise in environmental services, emerged as the preferred bidder in a process that has now drawn sharp scrutiny from civil society watchdogs.
The petition, lodged by the Centre for Litigation Trust (CLiT), a non-profit organization dedicated to upholding constitutional rights and governance standards, accuses the county government of bypassing critical safeguards enshrined in the Kenyan Constitution. At the heart of the challenge is the allegation that the tender process lacked essential transparency and meaningful public involvement, two pillars of devolved governance. CLiT contends that the county executive failed to present the tender details to the County Assembly for review and approval, effectively sidelining the assembly's constitutional mandate to oversee the expenditure of public resources. This oversight, according to the petitioners, undermines the assembly's role as a check against potential misuse of funds in a deal of this scale.
Further compounding the grievances, CLiT highlights the absence of any substantive public participation forums, which are required to ensure citizens' voices shape major public projects. The organization points out that repeated requests for basic information on the procurement have gone unanswered by county officials. These requests sought clarity on the full list of tender applicants, the shortlisted firms, the precise evaluation criteria applied, the exact contract value and duration, and confirmation of whether the arrangement qualifies as a public-private partnership under relevant laws. Such disclosures, CLiT argues, are not optional but fundamental to fostering trust in government actions.
The broader implications of these lapses, as outlined in the petition, extend to violations of core constitutional tenets. These include the rule of law, the right to public participation under Article 10, protections for human rights, and imperatives for good governance and accountability. In particular, the failure to release information is framed as a direct infringement on Article 35(1) of the Constitution, which guarantees every Kenyan the right to access information held by the state. CLiT is not only seeking judicial intervention to halt the contract's implementation but also demanding a court order to compel the county to furnish the withheld details at its own expense. Such a ruling, if granted, could set a precedent for how counties engage with civil society in future mega-projects.
The case falls under the Constitutional and Human Rights Division of the High Court, reflecting its weighty implications for devolution and environmental policy. Presiding Justice Jairus Ngaah, in his determination today, recognized the petition's urgency, citing the potential for irreparable harm to public interest if the matter lingers. He directed immediate service of the court documents to all parties involved, including the County Government of Mombasa and the Jospong Group. Respondents and any interested parties have been granted a tight seven-day window to file and serve their replies, paving the way for a hearing on further directions scheduled for December 15, 2025.
This legal showdown arrives at a pivotal moment for Mombasa, Kenya's second-largest city, where waste management has long been a flashpoint. Overflowing dumpsites and inefficient collection systems have strained resources and public health, making the promise of a waste-to-energy facility a beacon of hope. Yet, the specter of procedural shortcuts risks eroding community buy-in and inviting further litigation. As the clock ticks toward the next court date, stakeholders from environmental activists to county lawmakers are watching closely, hopeful that justice will illuminate the path to sustainable progress.
The outcome could ripple beyond Mombasa, influencing how other counties navigate high-stakes partnerships with international firms. For now, the certification of urgency signals the judiciary's resolve to prioritize accountability, ensuring that billion-shilling deals serve the people they are meant to uplift.