Clearing agents resolve legal row

By Willis Oketch and Patrick Beja

The legal dispute between two factions of Kenya International Freight and Warehousing Association (Kifwa) has been resolved.

The matter was resolved after the two warring factions recorded a consent settlement out of court.

In the recorded settlement Peter Mambembe who had sued Kifwa chairman Hezron Awiti withdrew the case he filed against the association.

The settlement was recorded before Justice Jactone Ojwang.

Following the settlement it was agreed that both parties would not file any proceedings against the association for a period of one year to allow restructuring of its management.

The issues addressed include withdrawal of a case in which Mr Awiti and his new team who were elected recently were stopped from assuming office.

The settlement ended the long-standing row over the control of the association. Kifwa is an umbrella body for all clearing and forwarding agents.

Amend constitution

The Awiti group was embroiled in court battles over control of the association since it announced a takeover last October after Mr Mambembe who had served as national chairman challenged the new team in court.

Awiti called on the members and stakeholders to work together because the wrangles had been resolved.

He said following the agreement, his predecessor Gerald Kagumo would become Kifwa’s regional co-ordinator; former national secretary William Amole would be deputy national secretary and Mambembe second deputy national chairman.

Kagumo and Amole accepted their new positions. "We are excited about the development because this is going to make our association function without legal hitches. Kifwa will now move forward particularly when Mambembe is compensated for cost of court battles," Amole said.

Amole warned other officials who attempt to sabotage the agreement that they would be expelled.

"We are tired of wrangles and we want to move forward. Six months given by the Registrar of Societies for us to constitute Kifwa leaders lapsed in February and we want to put the team in place," he said.

Amole said the Kenya Revenue Authority and other stakeholders have endorsed the merger of the rival parties.

Kifwa is expected to hold the annual general meeting next weekend to amend its constitution and ratify the changes to create new posts to facilitate the merger.

The members agreed to institute comprehensive constitutional reforms over a period of not less than one year.