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The High Court in Mombasa has ordered the management of Tom Mboya Memorial Hall to conduct a financial audit of the facility’s income and submit the report within 60 days.

The order followed an application by a section of members of the Tom Mboya Memorial Hall Development Association, who moved to court seeking clarity on the management of the hall’s revenue.

The hall was constructed and developed by the Luo Union (East Africa) in 1972, with its official title deed issued on December 19, 1973.

It was intended to assist members of the Luo community living in Mombasa through revenue generated from its operations. The support was meant to cover school bursaries for needy students, medical bills, funeral expenses and other social welfare needs.

However, a section of community members raised concerns over the management of the revenue, alleging that it was no longer serving its intended purpose and was instead benefiting specific individuals.

They sought court orders compelling the hall’s patron, former Nyali MP Awiti Bolo, who had been entrusted with custody of the title deed, to produce the document in court. Bolo subsequently surrendered the title deed as ordered.

Charles Orwa Oduk, one of the petitioners who had raised concerns over the alleged mismanagement of the hall’s revenues, on Monday expressed satisfaction after Bolo surrendered the title deed in court.

“I am happy the title is indeed intact. We were worried that something could have happened to it and that is why we went to court. But now that Bolo has deposited it in court, our hearts are partly pacified,” Orwa said.

Bolo’s lawyer, Maseya Monari, said his client is a law-abiding citizen who is ready to comply with all court directions.

“We are here to implement the interim orders. We believe that once that is done, so many issues will be clearer,” he said.

On Monday, Bolo revealed that an interim committee had been established to oversee the audit.

“The interim committee has now appointed an auditor who will audit the books of account of the hall. After that, we will take the report to court as ordered, and from there the court will proceed with due process,” Bolo said.

The former MP said he was encouraged by the cooperation shown by members of the association, noting that only community unity would allow them to move forward. He said the audit would reveal whether there had been any financial mismanagement.

“The audit will show where the money is and how it has been utilised for all those years. Let us be patient,” Bolo said, adding the embezzlement of community resources would not be tolerated.

“We cannot allow thieves to steal our resources, make our people suffer, and still claim to be our people. They are thieves. They will be uprooted.”

The court also ordered that elections be held within 60 days from August 27.

Bolo said the interim committee would also prepare for and manage the elections to usher in a new management team.

Interim chairman Maurice Ogare said the goal was a peaceful transition so the community could benefit from the memorial hall.

“This building was put up so that all our community members benefit from it. There are people who had personalised this building, which is wrong,” Ogare said, adding the practice was set to end.

“We have put in place measures that will see the building serve its purpose: addressing issues of health, education, trade and the welfare of our people from all four counties of Luoland who reside in Mombasa.”

Ogare said the court process had helped clarify Bolo’s role, whom petitioners had initially suspected of mismanaging the hall’s funds.

“We are the ones who took him to court. But through this court process, we now know that we were wrong about him. He was a true custodian of our title deed and he has not done anything wrong with it. We are now waiting to see who did us wrong after the court process is over,” he said.