Judge Rejects Appeal as Coast Water Officials Face Contempt Charges

An attempt by troubled Coast Water Works Development Agency officials to overturn a court order stopping Acting Chief Executive Officer Martin Tsuma and six other officials from accessing office has been rejected.

It has been established that one of the Board Directors, Hamid Mbarak, had pleaded with Justice Monica Mbaru to allow for the status quo on the basis that he had not been served.

CWWDA Acting CEO Martin Tsuma and head of Procurement Stanlus Jira

However, the judge cited a sworn affidavit that ascertained that Mr. Hamid Mbarak and six other people mentioned in a petition at the court agreed to be served on WhatsApp.

The officials led by Tsuma, whose extension as acting CEO was made in April 2025, are said to be operating virtually and still running office errands despite the court orders.

An affidavit sworn on 23rd March 2025 by Michael Otenio indicates that the officials were served and were made aware of the consequences in case of disobedience.

“That on 21st March 2025, I received the court order issued on 18th March 2025, application under certificate of urgency, petition, verifying affidavit dated 12th March 2025, list of witnesses, list of documents all dated 14th March 2025 from the Mkan and Company Advocate herein with instructions to effect service upon the respondents and interested parties,”

He says that he visited CWWDA offices along Mikindani Road where he met the legal officer and the said CWWDA officials.

He then called Martin, Hamid Mbarak, Simon Charoh, and Stanlus Jira and all of them agreed to be served via their WhatsApp numbers.

Justice Monica Mbaru of the Employment and Labour Relations Court (ELRC) had issued conservatory orders restraining Mr. Tsuma and seven Deputy Directors from accessing office.

The six other officials include:

Simon Charoh (Deputy Director, Human Resource and Administration)
Engineer David Kanui (Deputy Director, Project Planning and Design)
Stephen Masai Kivuva (Deputy Director, Finance)
Salim Ali (Deputy Director, ICT)
Hamadi Mwazito (Deputy Director, Internal Audit)
Mary Okioma (Deputy Director, Corporate and Legal Services)

The petitioner, John Abura, who filed a case challenging the eligibility of the office holders, argues that the positions occupied by the said individuals were not advertised and that the board was compromised to handpick people to fill the positions.

The judge gave stay orders against the appointment of the officers, who have also been barred from withdrawing any salaries and allowances from the Exchequer.

Following the court orders, it has been established that Tsuma has been operating from his remote village while the other officials have sought a hideout in the neighboring Kilifi County.

This is despite having conducted interviews to substantially fill the position, in what appears to be a choreographed campaign within the Ministry of Water to maintain the status quo at the agency.

CWWDA and the Ministry of Water have, for some unknown reasons, refused to appoint a substantive CEO despite conducting interviews.

Three names had already been forwarded to the Ministry of Water for appointment of a substantive CEO.

The process has been shrouded in controversy, with corruption allegations flaring all over social media.

The board chairman, Daniel Mwaringa, Martin Tsuma, and some of the directors have been accused of soliciting bribes from candidates who qualified for the interviews.

The new CEO was supposed to oversee the implementation of Ksh 6 billion water projects to improve water supply in Mombasa and Kwale Counties.

This involves construction of a major water transmission pipeline and a water reservoir connecting Mombasa and Kwale counties.

The candidates who had been interviewed for the CEO position include: