Freight stations want top KPA officers committed to civil jail

What you need to know:

  • Autoport Freight Terminals Limited and Portside Freight Terminal through their lawyers want the two officers, on failing to show necessary cause, be both or either of them jailed for six months for contempt of court.
  • Through lawyers Paul Buti and Balala & Abed Advocates, they separately in their applications argued that on January 25, the court through an order, put on hold KPA’s decision suspending the nomination of containers to the applicants’ freight stations.

Two freight stations have filed applications seeking to have two top Kenya Ports Authority (KPA) officers summoned to court to show cause why they should not not be committed to civil jail.

The two officers are acting managing director Catherine Mturi and head of litigation Addraya Dena, who are accused of disobeying a court order.

Autoports Freight Terminals Limited and Portside Freight Terminal, through their lawyers, want the two officers, on failing to show necessary cause, both or either of them jailed for six months for contempt of court.

Through lawyers Paul Buti and Balala & Abed Advocates, they separately in their applications argued that on January 25, the court, through an order, put on hold the KPA’s decision suspending the nomination of containers to the applicants’ freight stations.

“The said court order was served upon the respondent (KPA) and after the appointment [of] acting MD was re-served on Ms Mturi and Ms Dena’s office,” read the application.

According to the freight stations which are associated with Mombasa Governor Hassan Joho’s family, the alleged acts of contempt include failure and continued refusal or prevention of nomination of containers to the freight stations contrary to the order.

“Despite the head of litigation and disputes having acknowledged receipt of the orders and being made aware of the order, tens of trucks destined for the applicants Container Freight Station continue to be locked up at the KPA gate,” read the application.

Other alleged acts of contempt are that KPA continue in their refusal to process any container destined to the companies’ freight stations and that no containers are being nominated to their premises.

The two companies further argued that the acting MD on advice of the head of litigation is able to comply with the court order without complications but has made a deliberate choice to disobey.

In his supporting affidavit, Mr Hamid Salim Sadhru a director at Autoport Freight Terminals Limited said despite service of the order as well as the simplicity and ability of KPA to comply, the respondent has failed to comply with the orders.

“Our business is being destroyed by the continued acts of defiance by KPA officers and the lives of employees remain on the balance as they have been forced to remain home during this period when our business has been paralyzed,” said Mr Sadhru.

Mr Sadhru said their clients are leaving them in large numbers as a result of ‘economic sabotage” by the respondents through their continued disobedience of the court order.

He stated that upon pleading with officers from KPA in particular those from the legal office he was informed that the general strategy was to delay any action and instead file an application to vacate the stay order.

“I have therefore been informed that KPA’s position is that they will only comply if they lose such an intended application to set aside the orders of stay obtained,” said Mr Sadhru.

The applications will be heard on February 22 and March 8.