Why Mombasa County wants SGR rail construction halted

The County Government of Mombasa is embroiled in a court tussle with the Kenya Railways Corporation in regards to the construction of a commuter rail that will link the town center with the Standard Gauge Railway (SGR) terminus in Miritini.

In a decision made on December 4, construction works at the old railway station were temporarily stopped by the court.

The Environment and Land Court issued the conservatory order of temporary injunction against Kenya Railways Corporation and China Road and Bridge Corporation (CRBC) restraining them from continuing with the developments in any manner at the old railway station.

Justice Stephen Kibunja issued the order pending hearing and determination of an application by the county government of Mombasa which has filed a petition against Kenya Railways and CRBC.

Court documents have shown that the devolved unit is accusing Kenya Railways and CRBC of carrying out the developments in disregard of the law and provisions of the Physical and Land Use Planning Act.

Through lawyer Murtaza Tajbhai, the county government says that the respondents are undertaking the developments without its permission. According to the county government, the permission is a mandatory requirement of the Physical and Land Use Planning Act.

Blocking drainage

“The development being undertaken has not only contravened the provisions of the Act but it is being undertaken without public participation,” adds Mr Tajbhai.

The county government wants an order issued compelling Kenya Railways and CRBC to apply and regularize the developments.

It also wants an order issued to compel the respondents to pay for development permission and penalties accrued once they have regularized the works.

According to the county government, the respondents have also not provided it with any architectural or structural plans of the developments being undertaken and the failure is creating havoc and affecting residents.

The county government also claims that the developments being carried out are capable of blocking drainage facilities and without Kenya Railways and CRBC following due process and the law, the problem will always exist.

The county government has claimed that efforts to ensure compliance have been met with hostility from the accused.

“The petitioner invoked the provisions of the Act. However, the effort to ensure compliance was thwarted by the respondents by using armed police officers,” the petition states in part.

Development plans

It also claims that Kenya Railways and CRBC by carrying out the developments without permission and public participation, negates the provisions of the law and that the court should not entertain any actions, omissions and commissions that contravene the law.

“The developments being undertaken by the respondents are carried out without furnishing the petitioners with the development plans thus affecting the planning of Mombasa County,” the petitioner argues.

It says that the respondents should comply with the provisions of the law like every other citizen in the country and that there should be no immunity or special treatment for them (respondents).

Director of Physical Planning at the county Mr Paul Manyala says that the respondents have not applied for development permission or informed the county government of its intention to undertake development.

In his affidavit filed in court, Mr Manyala says that charges for development permissions are one of the own source revenues that the county government rely on to provide efficient and effective service to the residents.

The county government also wants a declaration that the respondents have violated the petitioner’s functions and powers under the constitution and the Act. The case will be mentioned on February 8.

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