The petition challenging the Merchant Shipping Act – a law that risks 4,000 Kenya Ports Authority jobs – was heard on Thursday.
It had sought conservatory orders blocking operationalisation of the law and requested the formation of a bench to determine the case.
MUHURI applied to withdraw from the petition as it was in the process of filing a separate suit, still touching on the law.
Dock Workers’ Union, on the other hand, had two advocates representing them – one appointed by the Secretary-general Simon Sang’ (Nyandieka and Associates Advocate) and the other allegedly by the board (Oduori Simiyu and Co Advocate). Simiyu applied to have DWU withdrawn from the petition.
The court ordered that the file is transmitted to the Chief Justice office for the formation of a bench of an uneven number of judges, being not less than three. The file must be in Nairobi latest July 22.
the court also allowed and ordered the name of MUHURI be struck off the petition.
The Dock Workers Union be removed from the petition.
Seafarers Union of Kenya and Mohamed Mwawira be enjoined as fourth and fifth interested parties respectively. The National Assembly to be the third respondent.
Even though the law was assented to by the president, it is yet to be published as required by the constitution. Interim conservatory order issued to halt the operationalisation of section 16 (2) (a) of the Statute Law (Miscellaneous Amendment Act) 2019, as far as it anchors the Memorandum of Understanding between Ministry of Transport and Infrastructure and Mediterranean Shipping Company, pending the hearing and determination of this petition.
The new petition that MUHURI filed, still challenging the contentious law, was allowed and certified urgent. It will be heard on July 24. Thursday’s ruling was bold.