Homa Bay County is witnessing a significant legal battle as two local activists have moved to court seeking to halt the construction of new county headquarters. The activists, Evans Oloo Gor and Michael Kojo, have sued Governor Gladys Wanga, alleging that her administration failed to seek public opinion and follow due legal processes before embarking on the project.
The Controversy
At the heart of the controversy is the location of the new county headquarters in Arojo, a site previously earmarked by former Governor Cyprian Awiti for a Ksh.500 million animal feeds project. The activists contend that the decision to develop the new headquarters was made without adequate public consultation, violating the principles of transparency and inclusivity.
Legal Allegations
Gor and Kojo’s lawsuit against the county government is multifaceted. Firstly, they accuse the administration of bypassing the legal requirement to obtain approval from the County Assembly before entering into an agreement with the County Pension Fund (CPF), which is funding the construction. This agreement, they argue, was made in May 2024 without the necessary legislative oversight, raising questions about the legality of the entire project.
Furthermore, the activists claim that the county government has not provided sufficient evidence to demonstrate compliance with all the requisite legal and procedural requirements. They allege that essential documents and approvals are either missing or have not been disclosed, casting doubt on the project’s legitimacy and transparency.
Court Proceedings
In their legal petition, Gor and Kojo have requested the court to issue an immediate suspension of the construction activities. They seek a temporary injunction to prevent any respondents, or individuals acting on their behalf, from conducting any further business at the construction site until the case is resolved.
Justice George Ong’ondo of the Lands and Environment Court has scheduled a hearing for October 7, where both parties will present their arguments. The petitioners will aim to convince the court that the project should be halted due to the alleged legal violations, while the county government will argue for the continuation of the construction.
Implications for Homa Bay County
This legal battle has significant implications for Homa Bay County. The construction of new county headquarters is a major infrastructural project that promises to enhance administrative efficiency and service delivery. However, the controversy surrounding its approval and execution has sparked public debate and scrutiny.
Governor Wanga’s administration faces a critical challenge in defending the project and addressing the concerns raised by the activists. The outcome of the court case could set a precedent for how future development projects are handled, emphasizing the importance of transparency, public participation, and adherence to legal procedures.
Public Reaction
The public reaction to the lawsuit has been mixed. Some residents support the activists’ stance, arguing that public opinion and legal processes should be prioritized in any major development initiative. They believe that the administration should have conducted thorough consultations and obtained all necessary approvals before proceeding with the project.
On the other hand, there are those who view the construction of new county headquarters as a positive step towards improving governance and infrastructure in Homa Bay. They argue that delays caused by legal challenges could hinder progress and development in the region.
Conclusion
As the court date approaches, all eyes are on the Lands and Environment Court to see how Justice George Ong’ondo will rule on this contentious issue. The case underscores the importance of legal compliance and public involvement in county development projects. Whether the construction of the new county headquarters in Homa Bay will proceed or be halted, the decision will undoubtedly have far-reaching consequences for the county’s governance and development trajectory.
