Mombasa County to seize control of harbours, ferries

The Mombasa County Assembly unanimously passed the controversial Ferries and Harbours Bill, 2014, last evening.

As a result, the county government will take charge of ferries and harbours next month. The Transition Authority (TA) had sent an advisory saying that ferries fall under the national government and that the county government could only get involved in ferry operations after seeking TA’s approval.

Wednesday, county assembly committee on Public Works and Transport Chairman Amir Thoya, who tabled the bill, said ferries and harbours should fall under counties as provided for under part two of the Fourth Schedule and that they would not beg TA to reclaim what constitutionally belongs to the county government.

Taken hostage

“The Constitution is supreme and therefore we cannot be intimidated or taken hostage by TA. It is clear under Schedule Four that ferries and harbours are devolved functions,” Mr Thoya said.

According to MCAs, the county government would collect a fee for all vessels that are anchored within the county waters when the bill becomes law.

The county government would do this by establishing the office of the harbour master, which will authorise the movement of vessels within the harbours. The harbour master would be able to direct the master or owner of a vessel to moor or move.

“We will factor revenues from ferries and harbours into our next budget. This is the kind of revenue that we had been denied for years owing to lack of a legislation.

We will be collecting a levy even from fishing vessels and hence benefit the people of this county immensely from the proceeds of the sea, which is their natural resource,” Thoya said.

He said those unsatisfied with the enactment of the law could seek court interpretation of functions under the Fourth Schedule and Constitution. Under the new law, the county government seeks to license ferrymen and charge and collect ferriage at rates that it would deem proper.

“The department of transport may establish ferries over harbours, bays, rivers and creeks within the county and agree with and grant licences to ferrymen on one or both sides thereof under such regulations and at such rates of ferriage as by the department are established,” the bill reads.

Under the legislation, no vessel shall carry passengers within harbours unless it holds a permit issued by the county department of transport.

The permit may be revoked or suspended in the interest of safety or for the good management or operation of the harbour as well as breach of the conditions under the Act.

The bill also seeks powers to compel the master or owner of vessel, other than a fishing vessel, to report the tonnage and draft on arrival before the harbour master assigns berth to the ship.

Last month, TA Chairman Kinuthia Wamwanngi warned that county governments could not manage ferries because it was not a devolved function.

Stop interfering

Mr Wamwanngi told the Mombasa County government to stop interfering with the running of the Kenya Ferry Services (KFS) because it did not have the mandate to do so.

“No county has the power to run ferries. That mandate lies with the national government because it is not a devolved function under the Fourth Schedule. It is unconstitutional for counties to take up functions that are not devolved under the Constitution,” Wamwangi said.

He explained that the Likoni Ferry Service was part of the national highway and the Mombasa County government has no role in the operation.