The Kenya Ports Authority (KPA) has failed to unmask the private developer who irregularly acquired part of the Mombasa port land and developed it against the directives of the National Land Commission (NLC), an audit found. Auditor-General Edward Ouko says alteration of the land’s ownership occurred despite the KPA’s tariff book showing that all the tidal waters encircling the Mombasa Island is harbour area.
According to Mr. Ouko, a firm of private developers has reclaimed part of the waters encircling the island adjacent to the KPA offices and is developing it in breach of existing regulations. The audit report says that the private developer ignored NLC instructions and went ahead to put up buildings on part of the reclaimed land adjacent to the KPA offices.
The NLC had in 2015 demanded immediate cessation of any developments on the land and its environs until a determination of the matter before it.
The report says the KPA management did not provide any indication that the NLC had sanctioned reclamation of the land nor that the Cabinet Secretary responsible for Transport had permitted change of use for the harbour area as required by law.
The Transport minister and the NLC are the only entities with the authority to alter use of any part of the port area.
Mr Ouko said the KPA management had failed to explain how the developer applied for and acquired title for the irregularly reclaimed land on behalf of the authority or who authorised it to initiate the transaction.
[Source: The Business Daily, by Edwin Mutai]
