Likoni to get second new ferry after court allows its building
MV Kilindini at the Likoni crossing. Pre-engineering works for the Sh5.8 billion Likoni cable cars express are complete, paving the way for construction. PHOTO | FILE | NATION MEDIA GROP
What you need to know:
Appellate Judges Alnashir Visram, Wanjiru Karanja and Martha Koome allowed an appeal by the Kenya Ferry Services.
The judges said the public needed the ferry to ease transport problems at the channel.
The government had paid a Turkish firm Sh2 billion for the construction of MV Jambo which was delivered in August 2017.
The construction of a new second ferry meant to ease congestion at the Likoni channel will now proceed after the Court of Appeal set aside orders halting the assembly work.
Appellate Judges Alnashir Visram, Wanjiru Karanja and Martha Koome allowed an appeal by the Kenya Ferry Services (KFS) challenging an injunction on the construction of MVSafari in Turkey.
They ruled that it was illogical to stop building of the ferry because, on completion, it must be tested to ascertain its suitability.
“The injunction was on a ferry whose construction had not even started; we hold the view that such an order was incorrect as the act it was to forestall had not even started,” said Justice Visram who read the ruling on behalf of his colleagues.
The judges said the public needed the ferry to ease transport problems at the channel.
The government had paid a Turkish firm Sh2 billion for the construction of MV Jambo which was delivered in August 2017.
Last year, High Court Judge Eric Ogola stopped KFS from continuing with construction of MVSafari pending the hearing and determination of a petition by Bonriz Insurance Marine Surveyors Ltd.
OPPOSED CONSTRUCTION
Bonriz Insurance opposed the construction of the ferry on grounds that some materials that were being used were substandard and, therefore, the vessel would endanger the lives of the users.
But during the hearing of the appeal, KFS through lawyer Nani Mungai said the speculation over defects and safety measures was unwarranted, considering an extra Sh290 million had been paid to speed up the building of two new ferries.
Mr Mungai told the appeals court that that there were no allegations of defects on MV Safari during the hearing of the application at the High Court.
“The judge (of the High Court) was being speculative about the threat to safety of (the second ferry),” Mr Mungai submitted.
He said the basis of injunction by Justice Ogola had no facts since he took into account considerations which were not in relation to the second ferry.
A Likoni resident Evans Okondo Momanyi who was also supporting the appeal by KFS told the court that tax payers’ money will go to waste if the second ferry is not built.
Lawyer Kinyua Kamundi representing Bonriz said one of the engines on MV Jambo, which is currently in operation at the Likoni channel, nearly caught fire during testing.
Mr Kamundi said MV Safari was to bring spare parts and special tools for MV Jambo hence KFS has to bring to the country engineers from Turkey to do repairs when it breaks down.
Speaking after the court’s decision, KFS Managing Director Bakari Hamisi Goa assured the public of improved services once the second new ferry is delivered.
