The construction being undertaken inside the Treasury Square Garden / BRIAN OTIENO
The Treasury Square Garden / BRIAN OTIENO
Mombasa Governor Abdulswamad Nassir has called a meeting with civil society groups to discuss concerns surrounding the development of a mosque at Treasury Square Garden, according to a letter from the county government.
The meeting, scheduled at the governor’s office, is expected to bring together the county government and representatives of the Coast Civil Society Network.
The meeting follows a court case filed by civil society groups seeking to stop the project.
Mombasa County chief of staff Noah Akala said Nassir wanted to engage the groups directly and hear their concerns before deciding on the way forward.
“His excellency the governor has taken note of the issues raised and is desirous of engaging directly with representatives of the civil society in order to listen to the concerns presented, clarify the circumstances surrounding the development, and ensure the matter is addressed constructively and transparently,” Akala said in a letter to the coordinator of the Coast Civil Society Network.
Akala said the meeting would provide an opportunity for the county to clarify issues surrounding the development and receive views from civil society stakeholders.
“The county government remains committed to meaningful public participation, transparency and responsible stewardship of public assets and welcomes constructive engagement on matters affecting the people of Mombasa,” he said.
The meeting comes after the Center for Litigation on Environment and Governance, Kituo Cha Sheria and Haki Yetu Organization obtained conservatory orders from the Environment and Land Court in Mombasa stopping the development pending an inter partes hearing.
According to the court proceedings, Justice Anthony Ombwayo issued the orders on Friday after the rights groups challenged the construction. The groups argued that the development was being undertaken without public participation and the necessary approvals.
Treasury Square Garden is described in the petition as a public park outside the Mombasa County Assembly and next to the governor’s office.
The groups claim the county government blocked public access to the garden from mid-July without giving an explanation.
They told the court that unidentified county employees closed all entrances to the garden before construction started inside the park.
According to their petition, there was no public board informing residents about the nature of the development, which the groups identify as a mosque.
The lobby groups also alleged that the project had proceeded without statutory approvals from relevant authorities, including the county government, the county director of physical planning, the National Environment Management Authority and the National Construction Authority.
The groups said they wrote letters on August 3, 4 and 5 seeking answers from various county and national government officials, including the county lands chief officer, the Coast regional coordinator of the NCA, Nema’s Mombasa county director of environment, the county assembly clerk, County Secretary Jeizan Farouk and the Chief Land Registrar.
They said their correspondence went unanswered while construction continued.
The rights groups argue that the development threatens the character of the public garden and could destroy indigenous trees and affect rare bat species that have built nests in the trees.
“The garden hosts the Banyan tree and other indigenous trees which are threatened by extinction if the development is not stopped,” they said in their petition.
They further argued that Mombasa Island has limited public recreational space, noting that Uhuru Gardens along Moi Avenue is also currently cordoned off because of construction.
The groups contend that the county government and other agencies violated constitutional principles of good governance, transparency, accountability and public participation by failing to disclose the developer and nature of the project.
They have asked the court to permanently stop construction of any building in the garden and order the removal of any structures already erected.
They also want the land restored to its original state and size and have asked the Chief Land Registrar to place a caveat on Treasury Square Garden to prevent future development.
According to the court proceedings, Justice Ombwayo directed the parties to comply with various timelines for filing responses, affidavits and submissions before the matter comes up for hearing.
The case is scheduled for hearing in open court on September 10.
The county government has said it will respond to the petition in court.
“I cannot give you any response at the moment because we are going to file our responses in court through our lawyers. From there you will get the whole picture,” a county government officer told the Star.
