Police in Kwale are holding one suspect and have also launched investigations following an attack on private security guards manning the Sh120 million Kombani Fresh Produce Wholesale Market in Kwale County.
About 16 private security guards were left nursing serious injuries during the Monday morning incident.
The attack, according to victims, happened at around 9am in the morning.
The market which was launched last December by former Kwale Governor Salim Mvurya is currently facing a legal tussle between the contractor, End to End Limited and the Kwale County Government.
Kwale County Police commander Josephat Kinyua confrimed the incident saying that they were now waiting for complainants to record statements for the suspect to be arraigned in court.
“The suspect is being held in Kwale Police station as we await for complainants and witnesses to come forward. Without a complainant the matter won’t hold ground, but we are investigating the matter,” said Kinyua.
Kinyua said that the incident got them by surprise but said that security had been beefed up in the area.
He added that they had convened a county and sub-county security meeting over the matter.
“From the intelligence that we have, traders want to sell inside the market, but there is a clash between the county and the contractor. For us as officers we are very neutral on matters of security, we heard a lot of things over the matter but we await official complaints so that we can investigate,” he said.
Three of the guards who managed to escape from the attack made their way to St. Thomas Hospital in Likoni where they were treated.
One was released with two referred to Coast General Teaching and Referral Hospital.
“We were just doing our work, we stole from no one, why would someone want to end our lives,” said Dickson Kioko.
Kioko sustained a deep cut at the back of his head and was treated in Kwale before being referred to the Coast General Teaching and Referral Hospital.
He said that prior to the attack, they had received threats from a county official to leave the premises.
“We know the person behind this and had even reported the matter to Kombani police station when he came to threaten us on Saturday,” he said.
“We want action to be taken so that we get justice,” he said.
Elias Choyo who sustained injuries on his back after he was clobbered with a rungu said that the official in question came at around 3am in the morning asking them to vacate the market.
He said that afterwards, two more cars, one bearing a county plate number, patrolled the market around 6am before the alleged county official returned again at around 6am asking them what they were still doing there, before returning again around 9am when the attack occurred shortly after he left.
“I am lucky to be alive after area villagers rescued and hid me before I fled on a bodaboda back to Likoni”
“Whatever has happened is inhuman and a complete violation of human rights. We were not there for war, we were just fending for our families, if the county and the contractor had issues, they should solve them amicably,” he said.
At the time of the attack, there were 22 guards manning the market.
The contractor, Abdulrahman Mahmoud, a director at end to end Limited, accused the county for disobeying court orders.
End to End Limited acquired a court order from the Mombasa High Court dated December 22, 2021 restraining any activities from taking place before the matter is heard and determined.
“My people were injured this morning yet we have a court order restraining any activity until the matter is heard and determined.We are calling on the government to ensure that the orders are obeyed,” said Mahmoud.
He said that the county had refused to pay a balance of Sh44 million after he had already completed the project and was ready to hand it over.
“The total amount we were to be paid was Sh106 million as agreed, towards the end the county illegally withdrew the contract and refused to pay the balance after the works were already done,” he said.
” If they say we did a shoddy job as they allege, the law is very clear on how to go about it, why disobey court orders and hurt innocent people,” Mahmoud said
A human rights activist Evans Momanyi threatened to go to court over the matter saying that the market was yet to be officially handed over to the county.
“We shall institute under private prosecution for the removal of the said county official behind the incident, we won’t sit and allow impunity to go on,” said Momanyi
The market was launched by the Devolution Cabinet Secretary Charles Keter, former Land CAS Gideon Mung’aro, former Kwale Governor Salim Mvurya and EU ambassador to Kenya Henriette Geiger.
The construction of the EU funded project in partnership with Kwale government was officially launched in 2019 by the former Devolution CS Eugene Wamalwa.
The launch of the market was delayed for hours due to the stand-off between the county and the contractor forcing officials from the national government to intervene.
At the launch, Mvurya however said the county had no payment disputes with anyone saying it has fully paid the contractor and workers.
“What we had in the morning was something different and we have no debts with any contractor,” he said.