Shame as structural defects emerge on new Mombasa courts building

The new Sh445 million Mombasa Law Courts building was anticipated to be a remarkable masterpiece in both architectural and engineering prowess.

Adorned with an exquisite Arabian-inspired design known as Mashrabiya, this four-storey structure captivated onlookers upon its completion in October 2021.

Mashrabiya, featuring intricately designed windows that ensured privacy, contributed to the building's unique aesthetics.

Christened as ‘Justice Tower’ by retired Justice Anyara Emukule, the former Presiding judge at the Mombasa Law Courts, the construction of this grand edifice commenced in 2018.

The Justice Tower boasted eight courtrooms, four mediation rooms, 11 chambers, spacious registries, and separate cells for males, females, and juveniles.

However, despite being completed over a year ago, the building remains unoccupied due to severe structural defects.

Ceilings have begun to collapse, columns display visible cracks, and the basement is plagued by flooding.

The Mombasa Law Society members were the first to raise concerns about the building's structural integrity, which received financial backing from the World Bank.

Speaking to the media on Thursday, MLS chairperson Charles Opulu alleged that substandard materials were used by the contractor, who failed to account for Mombasa's unique climatic conditions.

"Barely two years after its construction, the building is already showing signs of disrepair. Its structural integrity must be thoroughly assessed before deeming it suitable for occupation," he said.

The MLS, which has written several letters to Judicial Service Commission in regard to the building, expressed doubts regarding the involvement of the JSC in overseeing the construction stages of the building.

"Upon visiting the site, we discovered cracked columns, compromised beams, and walls detaching from the main structure. The basement is flooded due to leaking roofs and slabs,” Opulu said.

The 1.477 acres,  the site on which the new building sits on, had previously been grabbed by a private developer.

It took years of legal battles and the relentless efforts of Mombasa lawyers to reclaim the land from the said private developer.

"The Mombasa Law Society fought tirelessly to regain this land, which was wrongfully seized. The Judiciary's title deed was reinstated, and funds were allocated for construction, but sadly, the Judiciary failed to execute their responsibilities,” Opulu said.

"We strongly believe this is a flagrant act of corruption, where allocated funds meant for the building were either misappropriated or never utilised. Instead, they found their way into the pockets of certain individuals, leaving us with nothing but shame— A scar on the conscience of justice."

In an effort to address the issues raised by the lawyers, Chief Justice Martha Koome paid a visit to the new building on Wednesday afternoon.

Prior to her visit, at the ongoing Annual High Court Leaders Conference held at the PrideInn Flamingo Hotel, Koome voiced her disappointment with the contractor.

"Unfortunately, we were let down by the contractor. The building cannot be officially opened or inaugurated as it has been deemed structurally unsound,” she said.

Koome revealed that an audit committee from the Judicial Service Commission had assessed the building and submitted a report.

"Concerns were raised with the contractor, who subsequently fled the site. As a result, we have engaged another contractor to rectify the issues and take charge of the building," she explained.

Koome emphasised that legal action would be pursued against the erring contractor.

“There is no value for money, and this has been demonstrated by the fact that some parts of the building are falling off even before the building is taken over by the Judiciary,” the Chief Justice said.

The new court building stands adjacent to the current Mombasa Law Courts building that was built in 1984.

The current court building has 14 courtrooms, which were now supposed to be taken over by the magistrate's courts.

The Employment and Labour Relations Court had already moved in to occupy the second floor of the new building but has since been ordered to vacate.

The High Court was to occupy the fourth floor of the building, whereas the third floor had been set aside for the Environment and Land Court.

The first floor was to host support offices including ICT, procurement, probation rooms, banking hall, and exhibit room among others and the ground floor was to be the for the main registry and host the front offices and counters and the public area.

The new court building also had offices for the prosecution counsel, a witness protection room, a spacious lactation room for staff and litigants that can accommodate up to 30 mothers, a children’s area and ramps for the physically challenged.

It was supposed to have a media centre for journalists to file their stories, a drivers’ lounge and an office for the Mombasa Law Society.

-Edited by SKanyara