Petitioners want High Court to return all port operations to Mombasa from Nairobi

Newly appointed Kenya Ports Authority (KPA) Managing Director Dr. Arch Daniel Manduku (left) in discussion with some senior departmental heads during a familiarization tour of the port of Mombasa. [Gideon Maundu/Standard]

Three residents of Mombasa have filed a petition in the High Court seeking to have port operations moved back to the county from Nairobi.

The petitioners also want the operations of the Kenya Port Authority (KPA) placed under the control of Mombasa County.

William Odhiambo Ramogi, Asha Mashaka Omar and Gerald Lewa Kiti want the entire operations of the port be left to the County Government of Mombasa.

The three have sued the Attorney General, Transport and Infrastructure Cabinet secretary, KPA and Kenya Railways Corporation (KRC) for transferring the operations of the port to the Inland Container Deport (ICD) at Embakasi in Nairobi.

The three want Chief Justice David Maraga to institute a five-judge bench to hear the petition.

The three, through their lawyer Nyambura Kihoro, want the judges to make a declaration that the September 30, 2014, agreement between KPA and KRC moving operation to Nairobi using SGR is a threat to the social and economic rights of the residents of Mombasa.

Justice Eric Ogola allowed an application by human rights group, Muslims for Human Rights, to join the suit as interested parties despite objection by the Attorney General.

“File one page each indicating why you want the matter placed before a five-judge bench and not three. I will forward it to the Chief Justice after making my own input,” said Justice Ogola.

Lose revenue

The petitioners want the court to order that the port services be assigned to the county government of Mombasa in accordance with the Constitution.

The also want Mombasa County to establish a corporate body with the mandate to run the port in accordance with the law.

The petitioners say the economy of Mombasa is set to lose over Sh40 billion in revenue this year.

They say the actions by KPA and KRC are against the spirit and object of devolution that gives people self-governance and exercise their powers.