Home News Port operation suit, court issue 14 days for interested parties

Port operation suit, court issue 14 days for interested parties

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[five judge bench during constitution and human rights case on Mombasa port operations. Photo/ Maxwell Ngala]

Mombasa high court has issued 14 days for interested parties to be enjoined in the port operations constitutional suit.

In the public announcement drawn from the petitions’ advocate Nyambura Kihoro, any interested party or organisation interested for the joinder can file their applications at the registrar Mombasa high court so that their applications can be vetted for consideration before the mentioning of the case scheduled for December 20th this year.

The three petitioners William Odhiambo Ramogi, Asha Mashaka Omar and Gerald Lewa Kiti wants port operations transferred from the Mombasa port to Inland Container Depot at Embakasi in Nairobi returned to Mombasa port.

Through their lawyer Nyambura Kihoro they want an agreement signed between the Kenya Ports Authority and the Kenya Railways Cooperation to move port operations to Inland Container Depot at Embakasi, Nairobi quashed as it posed a major setback to the socio-economy of the Coastal people.

They further want a board constituted by Mombasa County government to oversee port operation whereas the national government remains the regulator.

The three say that moving port operations to Nairobi has rendered many locals jobless as most companies closed business hence they want port operations returned to the port of Mombasa.

The five judge bench led by Lady Justice Lydia Achode, Justice Joel Ngugi, justice Pauline Nyamweya, Judge Eric Ogolla and Anthony Mrima on November 2nd this year ruled that the suit was scheduled for fully hearing and that interested parties for the joinder can file their applications after a public announcement.

Muslims for Human Rights-MUHURI and Mombasa County government have already been enjoined in the suit.

MUHURI’S Chairperson Khelef Khalifa said that it was against the constitution for all port operations to be transferred to Nairobi leaving the Coastal people where the port is located jobless.

“Functions of the port of Mombasa should be handed to the Mombasa County government if we are living in constitutionalism and devolution,” he said.

He said the county should be mandated to enforce the harbour management function, since it was not benefiting from any revenue collected from Mombasa port.

Khalifa said that it was a constitutional and socio economic right for locals to benefit from the port of Mombasa and transferring the operations to ICD in Embakasi, Nairobi contravenes the provisions of the country’s supreme laws.

The suit will be mentioned on 20th December this year at the Mombasa high court.