Two Homa Bay activists have moved to court seeking to stop construction of new county headquarters citing failure to undertake public participation.
Evans Oloo and Michael Kojo argued that the administration did not get approval from MCAs before getting into agreement with the County Pension Fund to undertake the project.
The agreement with CPF was reached in May, for the construction of offices at Arujo in Homa Bay Town constituency.
The pension fund is financing the construction, which the county will repay in monthly instalments for 30 years.
During the groundbreaking ceremony on May 31, Governor Gladys Wanga said the offices will make county staff work in a better environment.
“The new headquarters will enhance the efficiency in service delivery. We’re hopeful that county officials will serve residents better,” Wanga said.
She said her administration followed all due procedure before it began the project, including conducting public participation.
“We consulted the National Treasury, Controller of Budget and other institutions before we reached the decision of seeking assistance from CPF,” Wanga said.
But the activists claimed that the government cannot adduce evidence that it complied with all the requirements needed for the project to be successful.
In the petition, they argue that letters sent to the county government asking for proof of compliance were ignored.
“The respondent has also ignored the applicant’s/petitioner’s request for information on the project vide the letter REF: ICHD/S/VOL.4/2024, dated May 22, 2024, seeking full disclosure of the agreement on the lease of land, mode of payment for 31-year loan,” read the petition.
Likewise, there is neither evidence showing how taxpayers will benefit from the project nor that the national government guaranteed the loan approval.
The county is unable to produce documents to support that executive committee members approved the construction and the transfer of five acres of land to a private investor.
In the petition, a letter from Nema indicated that the project started without an environmental impact assessment.
“The inspectors wrote a restoration order to the chief officer for governance and devolution asking all the works to stop until such a time when they shall have obtained an environmental impact assessment licence,” County Nema Director Josiah Nyandoro wrote.
Kojo asked the court to issue a temporary injunction prohibiting respondents or any person acting under their authority from conducting any business at the site.
“The court should quash the lease agreement between the county government of Homa Bay and CPF,” Kojo said.
The activists asked the court to stop the construction process.
“Pending the inter-partes hearing and determination of this application and/or the instant petition, the court be pleased to suspend the ongoing construction of Homa Bay county headquarters offices at Arujo animal feeds,” read their petition.
Justice George Ong’ondo of Lands and Environment Court set a hearing date on October 7, when the petitioners will argue why the project should stop and the county government defend the continuation of the construction.
