Mombasa County halts Buxton Point construction due to non-compliance

Through the Ministry of Lands, Housing, Urban Planning and Serikali Mtaani the county government accuses developers of failing to honour the agreed arrangements between them and the county government.

County Executive Member (CECM) Mohammed Hussein Mohammed cited various compliance notices issued to the developer, requiring them to remit their allocation arising from the redevelopment of Buxton Point Apartments.

"In the said correspondence, the County requested to be furnished with the allocation process, progress of works, project timelines and the documentation prerequisites required to facilitate the transfer of the County's entitlement," reads part of a notice issued by the county government on September 22, 2026.

According to the county government, families that were displaced from the estate approximately seven years ago were still waiting to receive alternative residential units as promised.

Mohamed said the decision was intended to compel the developer to honour obligations arising from the redevelopment agreement, particularly the County Government’s 10 per cent entitlement and commitments made to residents displaced when the old Buxton estate was demolished.

He accused the developer of failing to honour the agreed arrangements, saying families who were displaced from the estate approximately seven years ago were still waiting to receive alternative residential units as promised.

"There was also an agreement that after the ECDE was demolished, the facility would be reconstructed and handed over to the county. That has not happened. There was also supposed to be a recreation centre constructed and handed over to us, but we have not received that either," said Mohamed.

"Therefore, all claims that the county has received the houses, that the ECDE has been reconstructed and that the community centre has been built are false," he added.

The CECM further noted that the order was not politically instigated.

"Some people are claiming that the issue has emerged because of political reasons. Anyone who wants to interpret this matter as political is entitled to their opinion. Equally, anyone who recognises that following up on this matter is part of my mandate is also entitled to that view," he said.

The dispute also centres on the County Government’s entitlement to 10 per cent of the housing units and commercial spaces under the joint venture agreement governing the redevelopment of the former Buxton estate.

The County's argument is based on an addendum to the Joint Venture Agreement signed on January 15, 2020, which provides for the allocation of 10 per cent of all housing units and commercial spaces in Phase I and Phase II upon completion of Phase II.

The County also raised concerns over the developer’s failure to provide documentary evidence of performance security equivalent to 10 per cent of the total construction cost for each phase, alongside outstanding project development fee obligations.

The County also referred to outstanding technical and statutory planning requirements, including issues connected to a suspension order served on the project on April 2, 2026.

The Lands and Housing CECM maintained that construction would remain halted until the outstanding demands were fully addressed.