Politics or compliance? Buxton housing row puts Mombasa homebuyers in limbo

The fate of hundreds of homeowners at the Buxton Point affordable housing project in Mombasa hangs in the balance following a dispute between the Mombasa County Government and the developer over alleged breaches of contractual agreements.

Earlier this week, the county government announced that it had halted ongoing construction works. An attempt by county officials, led by Lands, Urban Planning and Housing County Executive Committee Member Mohamed Hussein, to access the site on Wednesday was met with hostility from construction workers.

Political undertones have since emerged, with critics of the county questioning why the dispute is surfacing less than a year before the 2027 General Election. GulfCap, the company behind the development, is headed by East African Legislative Assembly (EALA) MP Suleiman Shahbal, who is among the aspirants seeking to unseat Governor Abdulswamad Nassir in August next year.

“Those who want to look at this matter politically can do so. We've been writing letters to the developer since 2024 without getting any response, was there politics then?” Mr Hussein posed, insisting that the county government, which owns the parcel of land, must receive its share of the units as stipulated in the contractual agreements.

At the centre of the dispute are about 500 former Buxton Estate households seeking an opportunity to return to their neighbourhood. In March 2021, the former tenants were evicted from the dilapidated municipal houses to pave the way for the construction of modern apartments.

Each household was to receive Sh240,000 to facilitate relocation and secure alternative accommodation for 12 months. The former residents were also promised priority consideration for homeownership in the new development through arrangements that included a tenant purchase scheme.

However, some former tenants say they are still struggling to secure homes in a development that was supposed to improve their living conditions.

Chairperson of the former Buxton Estate tenants, Mohammed Rubea, said residents accepted the relocation assistance after signing agreements with the developer, in anticipation of returning to the redeveloped estate.

“The agreement was there and we waited for 12 months. Now it's been years without any success. We were even told we would receive a deposit of Sh60,000 for the affordable units, but none of us has even seen any allocation,” he said.

According to the county government, GulfCap has failed to honour an agreement entitling Mombasa County to 10 per cent of the housing units and commercial spaces within the development. The allocation would have enabled the county to resettle some of the former tenants.

The county is also demanding the reconstruction and handover of an Early Childhood Development Education (ECDE) centre demolished during the redevelopment, as well as the provision of a community social centre. Mr Hussein further cited outstanding project development fees and failure to meet statutory and technical planning requirements.

The county says it has sent the developer several letters seeking clarification and compliance, including correspondence dated September 22, 2026.

“We have served them the letters. In fact, I have sent so many letters since 2024, but they have continuously been ignored. I will not be intimidated, and I will execute my mandate as stipulated in the Constitution of Kenya,” he said.

However, GulfCap Real Estate Chief Executive Officer Chris Ochieng disputed the county's approach, accusing officials of introducing politics into a national housing project nearing completion. He warned that continued interference could jeopardise construction, hundreds of jobs and the expectations of about 492 homeowners scheduled to receive their units in December.

“It is very unfortunate that Mombasa County officials are bringing politics into a national project. Beyond the homeowners, hundreds of people depend on this project for employment and their daily livelihoods,” he said.

He explained that the developer had sought approval for the scheme through the State Department for Housing and Urban Development, and its implementation ultimately fell under the national government.

The developer also questioned why the Buxton project was being singled out by the county, yet there are several other estates where residents were evicted and old municipal houses demolished years ago to pave the way for modern apartments, but construction has yet to begin.

On concerns surrounding the ECDE centre, Mr Ochieng maintained that the facility had already been constructed and was being used by the project team. He said it would be officially handed over in December alongside the residential units.

He further maintained that the county was fully aware of the development plans, saying architectural designs and construction plans had been submitted to and approved by the relevant county authorities.

Regarding the county's 10 per cent entitlement, Mr Ochieng acknowledged that Mombasa County was entitled to the agreed share but argued that the units were due for delivery upon completion of the project.

“The county is entitled to its 10 per cent share, as provided for in the contract. However, these units are to be delivered at the end of the project. Demanding them in the middle of an ongoing development is not reasonable,” he said.

According to Mr Ochieng, it was the county that issued termination notices and entered into agreements with the former tenants before handing GulfCap vacant possession of the land. He said the developer had documentation supporting the process and was willing to make the records available for scrutiny.

He described the Sh240,000 paid to each household as humanitarian assistance to support relocation rather than compensation.

The CEO further maintained that GulfCap had offered former residents preferential prices for purchasing apartments. Some acquired units in Phase One, while others opted to wait for the tenant purchase scheme because they could not afford the initial purchase arrangements.

Phase One of the Buxton Point development, comprising 584 housing units, was completed and handed over to homeowners in September 2023.

The dispute over the former tenants' entitlements has previously attracted the attention of the Senate's Roads, Transportation and Housing Committee, which examined complaints that residents had been excluded from the benefits of the redevelopment.

In its 2023 report, the committee called on the county to allocate its share of 184 housing units to former tenants who had yet to secure homes. It also raised concerns about the original partnership arrangements and called for measures to protect displaced residents.

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