A Mombasa County executive committee member, Evans Ogada, is at risk of arrest after the Court of Appeal declined to suspend orders arising from the county government’s failure to pay Kooba Kenya Ltd Sh154.4 million.
The official was found in contempt of court for failing to implement directives requiring the county government to settle the amount owed to the company following a dispute over a proposed data colocation centre in Mombasa.
The legal battle began in 2017 after the county government declined to approve Kooba’s plans to establish a data centre that was intended to serve Kenya and the wider Greater Eastern Africa region. Kooba subsequently moved to court, arguing that the county’s actions had frustrated its investment plans. In a judgment delivered on April 13, 2017, the High Court found that the county government had violated the company’s right to fair administrative action under Article 47 of the Constitution.
The court awarded Kooba Sh151 million, together with interest and costs. The legal costs were later assessed at Sh3.397 million, pushing the total claim to approximately Sh154.4 million. Ogada, who was then the county executive committee member in charge of finance, was directed through mandatory court orders to take the necessary steps to facilitate payment of the judgment debt.
However, the amount remained unpaid, leading to contempt proceedings against him. The court eventually found him in contempt and issued warrants for his arrest. The county government subsequently pursued several legal avenues to challenge the decision, including applications seeking to halt enforcement of the judgment and obtain additional time to lodge an appeal.
A single judge of the Court of Appeal dismissed its application for a stay of execution and an extension of time to file an appeal. The county government then sought to have the matter considered by a three-judge bench.
During proceedings last week, however, the county government withdrew its application after failing to meet the applicable procedural requirements. The withdrawal means the judgment remains enforceable, with the arrest warrants against Ogada still in force.
Kooba, through its managing director Richard Bell, maintains that the prolonged failure to pay the court-awarded sum raises serious concerns about compliance with judicial decisions by public institutions. Bell said the matter had evolved beyond the company’s efforts to recover money arising from the frustrated project, becoming a test of whether court orders would be respected and enforced.
The company was incorporated in 2015 to develop and operate a carrier-neutral data colocation facility serving businesses and institutions in Kenya and neighbouring countries. Its proposed regional coverage included Tanzania, Uganda, Rwanda, Ethiopia, Burundi, the Democratic Republic of Congo, Malawi, South Sudan and Zambia.
Kooba had intended the facility to serve multinational companies, content providers, government agencies and financial institutions that depend on data infrastructure located in Europe and other parts of the world.
As part of its investment plans, the company acquired land in the Kizingo area of Mombasa. It cited the location’s proximity to critical telecommunications infrastructure, including the Seacon landing station, approximately 200 metres away, as well as the landing points of the TEAMS, LION and EASSY submarine cables.
The company argued that the strategic location would support the establishment of a facility capable of serving the growing demand for data storage and connectivity across the region. Despite the project’s intended regional significance, the dispute over its approval culminated in litigation and a monetary award that Kooba is still seeking to recover.
Bell said the company’s position was now centred on the enforcement of the High Court’s decision and the responsibility of public officials to comply with lawful court orders.
