Freight firms sue ports bosses for contempt of court

What you need to know:

  • Autoports Freight Terminal Limited and Portside Freight Terminal want either one or both KPA officers jailed for six months for contempt of court.

  • The alleged acts of contempt, include failure and the continued refusal or prevention of nomination of containers to the freight stations contrary to the order.

  • Mr Sadhru said the firms were losing clients in large numbers as a result of “economic sabotage” by the respondents.

Two freight stations have filed applications seeking to have Kenya Ports Authority acting managing director Catherine Mturi and the head of litigation, Ms Addraya Dena, summoned to court to show cause why they should not be committed to civil jail for allegedly disobeying court orders.

Autoports Freight Terminal Limited and Portside Freight Terminal want either one or both KPA officers jailed for six months for contempt of court.

The two firms belong to the family of Mombasa Governor Hassan Joho.

Through lawyers Paul Buti and Balala & Abed advocates, the firms argue in their separate applications that on January 25, the court, through an order, put on hold the port’s decision to suspend the nomination of containers to the applicants’ freight stations.

“The said the court order was served on the respondents and after the appointment of  the acting MD, was re-served on Ms Mturi and Ms Dena’s office,” the application says in part.

According to the freight stations, the alleged acts of contempt, include failure and the continued refusal or prevention of nomination of containers to the freight stations contrary to the order.

ECONOMIC SABOTAGE

In his supporting affidavit, Mr Hamid Salim Sadhru, a director at Autoports Freight Terminals Limited, said despite service of the order and the ability of KPA to comply with the orders, the respondents had failed to do so.

“Our business is being destroyed by the continued acts of defiance by KPA officers and the lives of employees remain in the balance as they have been forced to remain at home as our business has been paralysed,” said Mr Sadhru.

Mr Sadhru said the firms were losing clients in large numbers as a result of “economic sabotage” by the respondents.

“I have been informed that KPA’s position is that they will only comply if they lose 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.