Tag: Mombasa County

Mombasa County Sparks Controversy as Garbage Collection Law Faces Criticism

A legal storm is brewing between the Kenya Ports Authority (KPA) and the Mombasa County Government over a contentious garbage collection law targeting ships docking at the port.

The Mombasa County Solid Waste Management Amendment Act, 2023, faces allegations of violating Kenya’s Constitution and international conventions on maritime pollution.

A businesswoman and other stakeholders are pushing back against what they see as unconstitutional and internationally damaging legislation.

At stake is not just compliance but Kenya’s global reputation as a maritime hub.

Inside Mombasa County’s Controversial Law: What’s at stake?

The Mombasa County Solid Waste Management Amendment Act, 2023, has drawn sharp criticism for allegedly flouting Kenya’s Constitution and breaching the International Convention for the Prevention of Pollution from Ships (MARPOL).

This treaty, which Kenya has ratified, regulates pollution caused by oil, noxious liquid substances, harmful packaged substances, sewage, garbage, and air pollution from ships. Critics argue the law undermines Kenya’s obligations to prevent environmental harm.

At the center of the dispute is Section 42A of the Act. Businesswoman Ruwaida Hussein claims this section contradicts the Constitution and MARPOL, making it null and void.

Following the enactment of the law, KPA issued a notice authorizing itself to collect garbage-related charges on behalf of the county government.

Hussein insists this notice is illegal, ambiguous, and sabotages Kenya’s international commitments.

Court documents reveal her grievances, including the issuance of unclear instruments and the imposition of levies on marine vessels docking in Mombasa.

Hussein seeks a court order to nullify Section 42A and quash KPA’s notice, effectively stopping the levies on behalf of the county government.

Stakeholders and Legal Implications

The controversy has roped in several key players. The Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs, along with the Attorney General, face lawsuits for their roles.

The Kenya Maritime Authority (KMA) and the National Environment Management Authority (NEMA) have joined the case as interested parties.

These institutions are now under scrutiny for their part in enforcing or failing to oppose the disputed law.

Adding fuel to the fire, the Kenya Ships Contractors Association has taken legal action against Mombasa County for revoking its members’ licenses to collect garbage from ships at the port.

This move has intensified the debate, as stakeholders argue the law unfairly disrupts established business operations.

Final Word

This case is more than a legal tussle; it highlights the delicate balance between devolved governance and national interests.

The outcome could set a precedent for how counties manage port operations and align with global maritime standards.

As the legal battle unfolds, all eyes are on Mombasa, where political maneuvering, economic stakes, and environmental commitments collide.

January 16, 2025
Delving Deep into Financial Mismanagement in Mombasa County

The corridors of power in Mombasa County have long been clouded with suspicions of corruption and mismanagement.

Recent revelations have shed light on the extent of this rot, exposing a web of deceit and malpractice within the county executive led by Governor Abdullswamad Sherrif Nassir.

In this hard-hitting expose, we delve into the heart of the matter, examining the inaccuracies, irregularities, and blatant breaches of the law that have plagued the financial management of Mombasa County.

The Rot of Mombasa County Government

The revelations of financial mismanagement and corruption within Mombasa County Government are deeply troubling.

From inaccuracies in financial reporting to unauthorized payments and stalled projects, the rot runs deep.

Urgent action is needed to restore public trust, strengthen accountability mechanisms, and ensure that those responsible for this gross misconduct are held accountable.

Only through transparency, accountability, and good governance can Mombasa County begin to rebuild and regain the trust of its citizens.

Inaccuracies of Other Grants and Transfers

The financial statements of Mombasa County paint a grim picture of financial mismanagement.

Discrepancies totaling millions of Kenyan shillings have been uncovered in the allocation and disbursement of grants and transfers.

Despite explanations offered by management, errors remain uncorrected, raising serious doubts about the accuracy and completeness of these transactions.

Variances Between the Statement of Receipts and Payments and IFMIS Votebook

We have unearthed a glaring disconnect between the statement of receipts and payments and the Integrated Financial Management Information System (IFMIS) votebook report.

Variances amounting to millions of shillings cast doubt on the reliability of financial data, highlighting systemic issues in financial reporting and oversight.

Inaccuracies in Bank Balances

Concerns have arisen about the integrity of bank balances disclosed in the financial statements.

Unsupported balances and unreconciled variances point to sloppy accounting practices and a lack of transparency in financial management.

Unsupported Deposits and Retentions

The statement of assets and liabilities reveals significant discrepancies in deposit and retention balances.

Funds remain unaccounted for, while essential documentation is missing, raising concerns about the misuse of public funds and the lack of accountability.

Unexplained Voided Transactions

Kenya Insights discovered that nearly a billion shillings worth of transactions have been voided without proper documentation or authorization.

The absence of supporting documents raises serious questions about the legitimacy of these transactions and the integrity of financial controls.

Budgetary Control and Performance

The mismanagement of funds extends to budgetary control and performance, with significant under-funding and under-expenditure observed.

These discrepancies have dire consequences for service delivery and public welfare, undermining the trust and confidence of citizens in their government.

Pending Bills

Despite unspent funds in the County Revenue Fund, pending bills remain alarmingly high, hindering the implementation of budgeted programs and services.

The failure to settle bills in a timely manner reflects a disregard for fiscal responsibility and sound financial management practices.

The revelations of financial mismanagement and corruption within Mombasa County Government are deeply troubling.

From inaccuracies in financial reporting to unauthorized payments and stalled projects, the rot runs deep.

We urgently need to take action to restore public trust, strengthen accountability mechanisms, and ensure that we hold those responsible for this gross misconduct accountable.

Only through transparency, accountability, and good governance can Mombasa County begin to rebuild and regain the trust of its citizens.

Previous concerns raised remain unaddressed, signaling a lack of accountability and a failure to learn from past mistakes.

The persistence of unresolved issues reflects systemic weaknesses in governance and oversight mechanisms.

https://www.youtube.com/watch?v=SUox0_USxHg

June 10, 2024
Is Mombasa ready for internationally sanctioned governor?

Former Nairobi governor Mike Mbuvi Sonko is in the race to become the next governor of Mombasa County after he was handed a direct ticket by Wiper Democratic Movement.

Sonko had initially hinted at reclaiming his Nairobi seat which he lost through impeachment on December 3 2020 before he recently shifted his political base to Mombasa.

He will face off with ODM’s Abdulswamad Shariff Nassir and UDA’s Hassan Omar to take over from governor Hassan Joho whose term expires in August.

But the embattled Sonko is swimming in controversies and facing many corruption cases in court. In early March 2022, US authorities banned him and his immediate family members from travelling to the US over corruption scandals related to bribery and abuse of office.

Is that the man who is good for Mombasa, port city which is also a tourism destination and foreign exchanger earner for Kenya?

Already two people have filed a petition seeking to bar Sonko from being cleared by Independent and Electoral and Boundary Commission (IEBC) to contest for the Mombasa top seat.

Ndoro Kaguya and George Odhiambo filed the petition before the Mombasa High Court seeking conservatory orders stopping IEBC from clearing Sonko to run in Mombasa.

Sonko whose choice to contest the Mombasa seat reignites the debate on exclusive upcountry vote also boasts that he had many options to reclaim the Nairobi seat before settling for Mombasa.

Deputy President Dr. William RUTO had approached him to run for the Nairobi top seat on an UDA ticket but he opted for the Wiper ticket in Mombasa due to his close ties, and respect for the party leader Kalonzo Musyoka.

Sonko said that Kalonzo told him to go for the Mombasa seat because Nairobi has many interests and Azimio bosses had already drawn their plan for the capital.

Mike Sonko (L) and Wiper leader Kalonzo Musyoka (p/courtesy)

But Sonko’s entry into Mombasa race has opened a new war front with governor Joho. His quest has rattled the governor’s camp and forced them back to the drawing board to scheme for a counter strategy.

Joho who doubles as ODM deputy party leader fears that Sonko’s unexpected move is likely to affect not only the governor position, but all other elective seats which have been under the grip of ODM since 2013.

Sonko and Wiper are complicating Joho’s succession plan which was headed for smooth sailing after Mombasa businessman Suleiman Shahbal was instructed by ODM leader Raila Odinga to step aside in favour of Mvita MP Abdulswamad Nassir.

The outgoing Mombasa governor has been dismissive of the other governor contenders including UDA’s Hassan Omar whom he said could not garner more that 5,000 votes but not Sonko.

Sonko is different, he enjoys grassroots support among common voters across the board which has potential to change the narrative ahead of August polls but the focus should remain on his tainted image.

Is he fit to be the next governor of Mombasa, the second largest city and economic in Kenya?

The controversial politician is a self confessed convict who escaped jail. In fact ODM leaders have criticized Wiper party and Kalonzo for going against anticorruption norms to clear Sonko to contest for Mombasa governor despite having been impeached and facing a series of criminal cases in court.

Kenya Insights can authoritatively report that Joho is also reaching out to “deep state” operatives to tame the former Nairobi governor by bringing up his criminal cases to keep him busy in the courts.

Other than criminal cases, Sonko demonstrated his wanting incompetency in Nairobi forcing him to transfer key functions of Health, Transport, Public Works and Auxilliary services to Major General Mohamad Badi led Nairobi Metropolitan Services.

Everything possible should done to protect the people of Mombasa from electing popular politicians who have no understanding of their job descriptions and capacity to carry out their mandate. Sonko is not the man.

April 27, 2022
Did Joho use and dump Luos after re-election?

Coast region council of Luo elders led by chairman Obara Kings has raised concerns over the community being used to top up numbers during elections in Mombasa but fail to feature in the major appointments at the county executive. Obara who is pointing accusing fingers at the administration of Governor Hassan Joho that turned a blind a blind eye to the community after his 2017 re-election voed that they will vet all Mombasa gubernatorial aspirants before making a decision on who to back in the 2022 race.

“As a community, we cannot be supporting people to gain leadership and then we become mere spectators. That is why this time round, we are listening to all the aspirants to hear what they have on offer for the community before we make a collective decision. We cannot allow to be used and dumped again,” Obara said.

Luos form one of the most politically active communities in Mombasa politics with a considerably good numbers to demand a proper share of the county government. They are the most vocal and best at attending rallies in big numbers. They also participate in elections actively compared to Coastal natives like the Swahilis who stay indoors and follow political events on television, radio and social media.

Obara’s sentiments have been backed by Tom Ogwanjo, Doris Ndege, Joseph Adul, and Hamisi Jasuba who are also keen to rope in other upcountry communities together to get a share of elective seats in Mombasa where ODM party still remains the most popular. The group also argues that the Luos living in Mombasa are the most instrumental in propping and sustaining the leadership of Governor Ali Hassan Joho whose term will expire in August 2022.

They further claim that their community has some numerical strength to bargain for plum positions as they point at a case in 2017 general elections when the Mijikenda community led by 98,000 votes, Kambas by 60,000 votes, Luos and Gemas had 50,000 votes, Somali 30,000, Luhya 25,000, Swahili 23,000, Taita 15,000, Kalenjin 10,000 and others 38,000 votes bringing the numbers to 409,000. The native Mijikendas are the largest voting bloc in Mombasa but fail to participate during elections as majority of them retreat to their rural homes for fear of electoral violence the same way Kambas do.

Drawing backing to the villages by the two communities always leave Luos to dominate elections in Mombasa like in 2013 general election when Luos produced several MCAs and had three of their own were appointed to the county government of Mombasa as ministers. They also bagged the speaker’s slot following negotiations with Joho prior to those elections but the same as not the case after the governor’s re-election in 2017.

Luos were consumed by Raila Odinga politics and failed to negotiate with Joho for more appointments after the 2017 polls despite the massive support they gave Joho. They were used and left out Joho’s second term line up.

November 3, 2021
Wrangles threaten to break UDA’s Mombasa base

United Democratic Alliance party which is associated with the Deputy President William Ruto risks witnessing a massive defection if he fails to neutralize the feud between former Mombasa Senator Hassan Omar and other party aspirants.

A section of budding politicians eyeing elective positions in upcoming 2022 elections through the party are accusing Omar of importing his sycophants from Wiper Democratic Movement where he previously served as the secretary general to shortchange UDA loyalists.

Omar who is eyeing Mombasa’s gubernatorial seat has hijacked UDA party in Mombasa and sidelined politicians who have stood with DP Ruto even before he [Omar] was poached from Kalonzo Musyoka’s Wiper party. One Ali Mwatsahu who is eyeing the Mvita parliamentary seat is accusing the DP’s point-man of handpicking and planting aspirants for various elective position in Mombasa County without consulting party leadership.

Mwatsahu emphasized that UDA is for hustlers and not elites like Omar who are just masquerading and doing less to popularize DP Ruto’s candidature down to the grassroots.

The wrangles are intensifying just a week after a sections of UDA luminaries opposed to Omar met Baringo senator Gideon Moi at a Mombasa hotel and vowed to shift their allegiance to KANU if Ruto does not move with speed to tame despotic Omar.

But Omar who is still remains unperturbed with negative developments has maintained meeting his preferred aspirants as the country moves closure to 2022 general elections. He wants Nicholas Mutuku to fly the UDA flag in Changamwe constituency, Karisa Nzai in Jomvu, Twaha for Tudor and Domoko in Likoni despite Masoud Mwahima, the son of the former area MP commanding an unwavering support.

He also prefers Peterson Mittau for Mombasa senatorial seat and Esther Chepng’etich for woman rep seat but his opponents in UDA claim that his list is not electable in Mombasa. UDA supporters are also accusing Omar of planting goons as security men at the Hustlers Centre in Nyali to intimidate his opponents.

August 26, 2021
Mbogo breathing hot air as he enters Mombasa gubernatorial race

The race to succeed Mombasa Governor Hassan Joho is shaping up to be a three horse race after Kisuani Mp Ali Mbogo Menza made clear his intentions to face Kisauni Mp Abdulswamad Nassir and businessman Suleiman Shahbal who are still hanging around for Joho endorsement.

Mbogo who was elected on a Wiper party ticket is relying on his development record in Kisauni constituency since his election in 2017 when he beat ODM’s Rashid Bedzimba.

He has built five new schools within three and a half years including Concordia Secondary School, Karisa Maitha Secondary School, Mwembelegeza Secondary School, Mwembelegeza Primary School and , Magogoni Primary School. He also boasts of buying school buses buses for Mwakirunge Secondary School and Hassan Joho Girls’ School.

But the expected tarmacking of two key roads linking Mombasa and Kaloleni through Mwakirunge area which are of great economic importance to the residents of Kilifi and Mombasa counties is expected to up his ratings.

He has also ensured that over 3,600 title deeds are issued in Kisauni with surveyors still camping on the ground as he challenges his opponents to be of importance to the residents of Mombasa before asking for votes.

Mbogo challenged Shahbal to assist the residents of Mombasa instead of boasting of international links during campaigns and doing nothing with those connections to change the lives of Mombasa residents.

He added that Shahbal is not empowering women and the youth but only chasing business opportunities like the construction of low cost housing he is undertaking in Buxton. Mbogo argues that the project is a classic case of conflict of interests.

“ Shahbal won the tender to do the project and is busy trying to become the governor. He should either remain a businessman or a politician and stop confusing the residents” Mbogo said.

The Kisauni legislator also accused Shahbal of building Kiluwa Resort on a piece of land he grabbed from African Safari Club.

Suleiman Shabhal, former Mombasa gubernatorial aspirant. [p/courtesy]
He then went on to poke holes on the development record of Mvita Mp Abdulswamad whom he accused of aspiring to be a governor when he can’t construct a single classroom in his constituency since he was elected in 2013.

Hon. Nasir has also been under criticism for using his ‘skills mtaani’ programme to siphon CDF funds through Istiqama Driving School and Istiqama Academy which belong to his sister.

An inspection by a special funds accounts committee in December 2020 also uncovered that the implementation status as captured in the audit reports were about projects that never existed on the ground.

Nassir’s ghost projects include the the construction of Kenya Medical Training College at a fabricated cost of Sh4.5 million and construction of a police booth at Sh2.4 million, construction of Ganjoni Primary School toilets at Sh2 million and renovation of a library at Serani Primary School at a cost of Sh1.6 million.

Mvita Mp Abdulswamad Nassir. He wants to be the next governor of Mombasa County [p/courtesy]
But Mbogo is also basing his bid on the population of Kisauni Constituency which is the largest in Mombasa County. He is also a native, meaning his candidature is salable to a majority of the residents unlike his opponents who are from the minority Arab extract.

The Mombasa top seat will fall vacant in August 2022 when the incumbent retires with reports indicating that Joho might also go for Kisauni parliamentary seat and bargain for a ministerial position in case BBI Bill is adopted.

The battle to succeed Joho is expected to be titanic as aspirants are expected to employ various strategies to woo the more than 500,000 voters. Former Mombasa Senator Hassan Omar and deputy governor William Kingi have also declared interests but analysts are pointing that candidates’ financial muscle, upcountry vote support and party affiliations will play a key role.

April 14, 2021