MOMBASA, Kenya — The High Court in Mombasa has certified as urgent a petition filed by Nyali MP Mohamed Ali, popularly known as Jicho Pevu, challenging the legality and transparency of the Mombasa County Government’s Sh17 billion waste management project.
Justice Jairus Ngaah issued the directive on December 3, ruling that the issues raised in the case are weighty and require the court’s immediate attention.
The judge ordered that all respondents be served without delay and given seven days to file their responses.
The matter will be mentioned on December 15, 2025, when the court is expected to issue further directions.
Ali argues that the multi-billion-shilling deal was approved irregularly, claiming that there is no evidence of a tender advertisement, public participation, or County Assembly approval — all of which are mandatory under procurement laws and devolution statutes.
The MP maintains that the county’s alleged failure to involve the assembly contravenes the Public Finance Management Act and procurement regulations governing major infrastructure projects.
According to the petition, Ali says his attempts to access procurement records have been frustrated despite formal requests made to county offices.
He argues that the continued refusal to release documents violates Article 35 of the Constitution, which guarantees citizens the right to access information, as well as the Access to Information Act.
“The public has been denied the right to know how this Sh17 billion project was initiated, funded, and approved,” Ali states in his filings, alleging that secrecy surrounding the project points to deeper governance concerns. He is asking the court to nullify all tenders associated with the project and compel the county to disclose all procurement documentation.
The Nyali MP has also called for investigations by the Ethics and Anti-Corruption Commission (EACC) and the Public Procurement Regulatory Authority (PPRA), insisting that regulatory scrutiny is necessary in light of the apparent procedural breaches.
In a press statement issued on December 4, Ali reaffirmed his commitment to pursuing what he described as a fight for transparency and accountability in Mombasa’s governance.
“We will walk together on this long road to freedom and justice, and I have no doubt Mombasa will eventually attain good governance and accountability. We are proceeding to serve all the respondents and interested parties,” he said.
The Sh17 billion waste management project has drawn attention across the county due to its size and long-term implications for public spending, environmental sustainability, and local governance.
The court’s decision to fast-track the petition now places the county administration under increased scrutiny as it prepares to defend the project’s legality in the coming weeks.
