Mombasa Governor Hassan Ali Joho and Kenya Broadcasting Corporation (KBC) sue each other on disputed 22-acre Mombasa plot

Mombasa Governor Hassan Joho with Bombolulu residents in Nyali on Friday where they demolished the wall around the disputed parcel of land. The standoff between KBC and Mombasa County government escalated when both filed rival suit over the disputed plot. (PHOTO: COURTESY)

The standoff between Kenya Broadcasting Corporation and Mombasa County government on Friday escalated when both filed rival suit over the disputed plot 22 acre plot at Kisauni in Mombasa county.

KBC Managing Director Waithaka Waihenya met Mombasa Governor Hassan Ali Joho at his office on Wednesday and reportedly agreed to a truce in the plot saga filed but yesterday the corporation filed contempt proceedings against the governor seeking to jail him for stopping the construction of the wall around the property, allegedly, against a High court order.

But the county government countered immediately claiming the alleged court order has been suspended by the Court of Appeal.

The county government, KBC and a third party claim the property as their own and the dispute has raged in courts since 2010.

The crisis erupted last week when KBC tried to erect the wall that was promptly pulled down. Coast Regional coordinator Nelson Marwa sided with KBC's claim and threatened to have Joho arrested but the Joho administration countered that they would also apply for Marwa to be jailed for promoting misrule and abuse of law.

County askaris destroyed the wall claiming they had a court order allowing them to do so but the county administration countered that besides the property being contested in court, the state broadcast had not received its authority to erect the structure. And the Joho government also said that KBC owes it Sh804 million in unpaid land rates.

KBC's lawyer Protus Saende told Justice Anne Omolo that his application was extremely urgent and wanted it to be heard exparte so that Mombasa governor can be cited for contempt.

"We want Mombasa governor Hassan Ali Joho, County Secretary Francis Thoya and County Land Executive Antony Njaramba to be committed to jail for will fully and deliberate disobeying order of Justice Omolo on April 27 this year,"said Saende.

However in another move Mombasa County 's lawyer Lucy Momanyi told Justice Omolo that her client want the orders which was extracted to allow KBC to proceed with the construction of the wall be vacated.

Momanyi in her application filed yesterday insists Joho did not trespass [on the] KBC plot as was being claimed arguing the order made on April 27 this year and issued on May 12 2016 should be suspended until the suit they have filed is heard and determined.

"We want the order made on April 27 this year and issued on May 12 this year [to be] stayed pending the hearing of this application," said Momanyi who also argued that the county government appealed this order in the Court of Appeal and obtained a stay.

The lawyer also accused KBC of using the order to put a perimeter wall without getting a permission from the county government as stipulated in the physical planning law.

Momanyi insisted there is an existing order restraining KBC from proceeding with the construction from the Court of Appeal.

In her ruling Justice Omolo ordered the County's application to have the order reviewed or vacated on grounds that there was no formal application to have the order to proceed with the construction of the wall be heard on October 18.

The judge ordered that KBC's contempt proceedings against Joho and two county's official be heard on November 8.
The judge also ordered that Joho and his officers be served through The Standard or Daily Nation Newspapers which are having a big circulation in the country.

The order to serve the governor through the newspaper was made after KBC's lawyer Saende complained that their attempt to serve Joho personally yesterday was not possible because of the security around him

"The process server we gave the mandate to serve the governor personally failed to do so because of security around him. We are therefore asking he be served through the local dailies either The Standard or Daily Nation" said Saenda.

KBC sued the defunct Mombasa Municipal Council in 2010 accusing it of trespassing into its land and got a temporary injunction after accusing the council of planning to build sewage plant on the plot.

KBC also sued Old Bay company who directors claim they bought part of the land from Mombasa Municipal council. The directors says they bought the land at Sh 8 million.