New Suit Leaves Uhuru's Ksh 39B Project in Limbo

Former President Uhuru Kenyatta launches the Dongo Kundu Special Economic Zone in Mombasa in, 2019
Former President Uhuru Kenyatta launches the Dongo Kundu Special Economic Zone in Mombasa in, 2019
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A petition filed at the Mombasa Environmental and Land Court may derail the construction of the Ksh39 billion Dongo Kundu Special Economic Zone launched by retired President Uhuru Kenyatta in October 2019. 

According to the petition, the project's construction will result in the pollution of the Indian Ocean as most of the waste products will be dumped in the water body.

Additionally, the petitioner lamented that the excessive dredging and land reclamation will result in the destruction of the indigenous tree species including the extensive mangrove forest.

Due to the looming environmental disaster, the petitioner called on the court to issue an injunction to prevent the government from continuing with the project until the case was heard and determined. 

The pillars erected in the Dongo Kundu Bypass project connecting Mombasa Island to the mainland.
The pillars erected in the Dongo Kundu Bypass project connecting Mombasa Island to the mainland.
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Ali Manzu

"No environmental impact assessment report has been made available to residents, depriving them of their right to information on a project of public interest," read part of the petition.

Following the petition, Justice Stephen Kibunja of the Mombasa Environmental and Land Court directed all parties mentioned to file a response within two weeks.

Some of the parties involved include the Kenya Ports Authority (KPA), Attorney General Justin Muturi, and three ministries including Transport and Infrastructure, Environment and Forestry and Trade, Investments and Industry.

Additionally, the National Environment and Management Authority (NEMA) and the Mombasa County government were named as respondents in the petition.

The project launched by Uhuru in 2019 is aimed at revitalising the region's economic activity and creating jobs for the locals.

On Monday, January 17, Trade Cabinet Secretary Moses Kuria announced plans to allow investors in the project by July 1, 2023, three years ahead of the stipulated time.

This was after he had a meeting with Mombasa Governor Abdulswamad Nassir and other stakeholders before announcing the changes in the multi-billion project.

"We discussed the Dongo Kundu Special Economic Zone and the need to fast track development through partnerships with investors locally and internationally through Kenya Development Corporation, the County Government of Mombasa, and the Kenya Ports Authority," Kuria declared.

Trade CS Moses Kuria (left) meeting Mombasa Governor Abdulswamad Nassir (right) in Mombasa on January 17, 2023.
Trade CS Moses Kuria (left) meeting Mombasa Governor Abdulswamad Nassir (right) in Mombasa on January 17, 2023.
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Abdulswamad Sherrif Nassir