For three years after the completion of the new Mombasa Law Courts Buildings, the four-storey building remains unoccupied over structural defects.
Lawyers and stakeholders in the justice sector have raised concerns over the state of the building, which apart from developing cracks on the walls, has parts of its ceiling falling off, paint peeling and some window frames turning rusty.
Through the Law Society of Kenya( LSK) Mombasa chapter, the lawyers claim that substandard materials were used in the construction of the building and that there was no consideration made for the climatic conditions of Mombasa where salinity is high.
According to sources privy to the scandalous project, senior judicial officers in Nairobi and Mombasa conspired and looted cash leaving the contractor with little hence the use of substandard materials in the construction. Now the judiciary risks losing millions in the building that has been avoided by lawyers and judges as it poses collapse dangers.
Chief Justice Martha Koome this week admitted that the building is a major concern to the judiciary and that they have been unable to launch or open it officially as it has been found to have structural defects.
“We thought we had solved the problem of infrastructure by building the ‘Justice Tower’, but unfortunately we were let down by the contractor,” said the CJ on Wednesday.
The CJ said that a team from the Judicial Service Commission (JSC) audit committee assessed the building and filed a report and that issues were raised with the contractor who ran away from the site.
LSK Mombasa chapter chairperson Mr Charles Opullu termed the building as a health hazard and a risk to anyone using it.
Mr Opullu said the construction has been a project which is close to the hearts of all lawyers in Mombasa as they confronted a land grabber, and recovered the land for the construction of the court and the title deed issued to the Judiciary.
“The structural integrity of the building must be tested before it can be declared fit for occupation, we wonder if there were any approvals and supervision by the Judiciary,” said Mr Opullu.
Mr Opullu said that it was the lawyers who drew the attention of the state of the building to the Judiciary and wrote several demands to the Judicial Service Commission with evidence of cracks, leaking slabs and other defects.
The building, which is expected to ease congestion at the current court building, has eight courtrooms, mediation rooms, chambers, spacious registries, and lactation rooms among other amenities.
It is expected to host the High Court, Environment and Land Court and the Employment and Labour Relations Court which is the only court operating on the second floor.
Additional reporting by Nation.
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