Businessman sues Joho, Shahbal over demolition of his fuel station

A businessman has sued Mombasa Governor Hassan Joho and politician Suleiman Shahbal over the demolition of his filling station in the Buxton area, in Mombasa.

Abdullahi Ahmed Gele, who operates Buxton filling station accuses Mr Joho, Mr Shahbal among other entities of commencing housing units in the area while purporting to have compulsorily acquired the land without following due process.

The businessman, who claims that the demolition has made him lose his livelihood of Sh1 million per month, says he is the lawful occupant of the land through a lease and has diligently paid for business and fire permit fees.

Apart from Mr Joho and Mr Shahbal, he has sued Mombasa County, County Chief Officer-Land, Housing and Physical Planning, Buxton Point Apartments Ltd, Roton Construction Company Ltd, the Chief Land Registrar and the Attorney General.

According to the businessman, in demolishing and depriving him of his property without prior warning and notice, the respondents have violated his constitutional right to property, fair administrative action and prompt compensation.

Mr Gele wants an order issued for prompt compensation for the value of the gas station, monthly income for the next 20 years and loss of earnings and livelihood.

The petitioner says that on the morning of September 30, rogue officers and goons started demolishing his property, and that he was not given time, and notice to remove his fuel.

“The demolition was irregular, malicious and un-procedural without any justification,” part of the petition filed at the Environment and Land Court states.

The petitioner is seeking an order to prohibit the respondents from further trespassing, construction or in any way dealing with the property (Buxton Filling Station).

Mr Gele also wants a declaration that Mr Joho is personally liable for abusing his powers, by giving verbal instructions and employing the services of gangs to trespass and fence off his gas station.

The businessman further argues that the respondents’ decision to demolish his property without giving him a fair hearing was actuated by high handedness, misuse of power and arrogance.

“The first to six respondents (Mr Joho, Mr Shahbal, county government and its officers, Buxton Point Apartment Ltd and Roton Construction Company Ltd) have failed to act within the law and have chosen to act with impunity,” case documents states.

The petitioner also argues that the respondents’ conduct failed in all areas including the test of the rule of law, due process and constitutionalism amounting to gross infringement of his constitutional rights.

The businessman says that the acts of trespassing, construction on his property for use in the purported Buxton housing project without just and prompt compensation violated his rights.

The petitioner also wants a declaration that the actions of the six respondents in depriving him of his property without just and prompt compensation was illegal, null and void.

The respondents, apart from the AG and the Chief Land Registrar have filed their grounds of opposition to the suit.

Justice Lucas Naikuni has issued orders directing maintenance of the status quo on the property until December 1.