The Mombasa High Court has certified as urgent a constitutional petition challenging the county government's procurement of a KSh 17 billion waste management project, which was allegedly approved without proper legal procedures.
In the court document filed as Constitutional Petition HCCHRPET/E053/2025, Nyali Member of Parliament Mohammed Ali accuses the county government of irregularly awarding the massive contract without following constitutional requirements for public participation and County Assembly approval.
According to a statement by Mohammed Ali on Thursday, December 4, the High Court deemed the case urgent and set December 15, 2025, for further directions. The legislator expressed confidence that the legal battle would eventually lead to better governance and accountability in the coastal county.
"Mombasa High Court has certified as urgent our petition against the 17 billion waste management project that the county government of Mombasa approved without the county assembly or public participation," Ali stated. "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."
The MP indicated that his legal team is proceeding to serve all respondents and interested parties in the case.
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The petition comes from what Ali describes as the county government's refusal to disclose crucial information about how the tender was awarded.
According to his statement issued on Wednesday, December 3, the lawmaker exhausted all available avenues to obtain disclosure on the project's approval process before turning to the courts.
Ali alleges that there is no evidence of a tender advertisement, no record of public participation as required by law, and that no Environmental Impact Assessment was conducted for the massive waste management project. He further claims the County Government's refusal to release procurement documents violates Article 35 of the Constitution and the Access to Information Act.
"The County Government's refusal to release procurement documents violates Article 35 of the Constitution and the Access to Information Act," the petition states.
Through the constitutional petition, the Nyali MP is seeking several remedies from the court. He wants all irregular tenders related to the project nullified and is demanding full disclosure of all procurement documents from the county government.
The petition also calls for investigations by the Ethics and Anti-Corruption Commission (EACC) and the Public Procurement Regulatory Authority (PPRA) into the tender award process.
Additionally, Ali seeks court orders to ensure future county projects follow proper legal procedures and include genuine public participation processes as mandated by the Constitution.
"This petition is a firm stand against opacity and misuse of public resources," Ali said in his earlier statement. "I remain committed to protecting citizens' rights and ensuring our institutions uphold the transparency and accountability required by the Constitution."
The High Court will issue further directions on the matter on December 15, 2025.
