Blow to State as court stops Mombasa port terminal takeover

Sophie Njoka @PeopleDailyKe

The government has suffered a blow after the High Court in Mombasa temporarily stopped the takeover of second Container Terminal (CT2) by Kenya National Shipping Line (KNSL) pending hearing of a petition challenging the legality of the process.

Judge Patrick Otieno said petition filed by Muslims for Human Rights (Muhuri), Taireni Association of Mijikenda and Dock Workers Union (DWU) raises serious constitutional issues that need to be resolved.

The judge said the government ought to have published in a Gazette notice putting CT2 into operation and the content of a memorandum of understanding (MoU) between Transport Cabinet Secretary and Mediterranean Shipping Company (MSC), a partner in KNSL.

He said this ought to have taken place since the port is a matter of public interest and huge effects to the economy of the country.

“Interim orders are hereby issued against the handing over of the CT2 and implementation of section 16 2(A) of the Merchant Shipping Act 2019, pending hearing and determination of the petition,” the judge said.

The judge also allowed DWU and Muhuri to withdraw from the petition. A faction of DWU opposed to Secretary General Simon Sang had applied to withdraw the union from the case, saying the matter was filed without their consent. DWU was the first petitioner.

Through counsel Odero Simiyu, the DWU faction informed the court  the union was not ready to proceed with the case.

“The first petitioner is hereby making an application to be struck out of the petition before court since it was filed against their wish. The union’s board was not involved and therefore the union is not ready to proceed,” he said. 

Muhuri sought to be struck out of the petition, saying it wanted to pursue the matter on its own because of a “likelihood of other petitioners pulling out”. The matter will be heard on July 24.