Two activists have taken the Environment and Lands Court to challenge the demolition of an almost completed Sh100 million factory by the devolved government of Homabay, which intends to replace it with an office block.
Evance Oloo and Eugine Obisa accuse the devolved government of failing to seek public opinion and of wrongfully demolishing the factory. They argue that the demolition did not comply with the Public Procurement and Asset Disposal Act 2015 (PPADA) and related regulations.
The activists told the court that the County Government acted unlawfully by deciding to move the headquarters from its current location to the outskirts of Homabay Town.
The construction of the Arujo Animal Feeds Factory began during former Governor Cyprian Awiti’s tenure. Governor Gladys Wanga’s administration continued the project until May when it decided to demolish the near-completed building to replace it with an office block for the governor and staff.
A new site for the factory was reportedly identified.
“Some officials are struggling to find space to operate. The new building will provide a better environment,” said the governor during the groundbreaking for the offices in Arujo on May 31.
Initially, the building was intended to be used as a Huduma Center, where it was to be renovated and converted into offices.
“It appears the building was demolished without a professional valuation, which is crucial for ensuring the county government gets fair value for the property,” said Oloo in a letter to the Department of Roads, Finance, Procurement, and Public Works.
He also pointed out that there was no clear plan outlining the method of disposal, the reason for the demolition, and the expected benefits. Oloo and Obisa demanded the publication of information regarding the valuation of the building before it was demolished.
Oloo argues that the public should receive evidence from structural engineers if the building was condemned. He wants the county government to account for the materials used in constructing the building.
“The county government did not use a public auction or tendering, both standard methods for the disposal of public assets. Failure to advertise the disposal publicly raises concerns about transparency and fairness,” continued Oloo’s letter.
Oloo is requesting the court to suspend the project until the County Government provides evidence of compliance with the necessary legal and procedural requirements for relocating the head office.
Justice George Ong’ondo has set October 7 as the hearing date when the petitioners will present their arguments.
Claims against the County Government also include failure to obtain approval from Members of the County Assembly for signing a deal with the County Pension Fund (CPF), which has been tasked with constructing the offices, and failure to promote competitive bidding when selecting CPF for the project.
The devolved county government signed an agreement with CPF in May to build the office block for the governor, executive, and other officials.
The new building will include an amphitheatre, lactating room, a one-stop service center, executive, departmental, and board offices, as well as key components of a county headquarters.
– By Ann Precious Kinyua
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