State loses round one in battle over Mombasa port

From left: Prof Githu Muigai, Mr Nani Muigai and Mr Geoffrey Imende who are representing the Kenya Ports Authority at the High Court in Mombasa. PHOTO | PHILIP MUYANGA | NATION MEDIA GROUP

The State Friday suffered a setback in a legal dispute in which three residents want the operations and management of the crucial port of Mombasa run by the county government.

A five judge bench yesterday dismissed applications by Attorney General Paul Kihara Kariuki and the Kenya Ports Authority seeking to have the petition struck out.

The AG intends to file an appeal against the decision and has been granted permission by the court to lodge an appeal.

The judges ruled that they are satisfied that the petition by Mr William Ramogi, Ms Asha Omar and Mr Gerald Kiti was properly before the court.

The five judge bench comprising Justices Lydia Achode, Eric Ogola, Anthony Mrima, Joel Ngugi and Pauline Nyamweya said it is clear that the suit before them does not fall under the Intergovernmental Relations Act.

According to the judges, the issue raised are centred on the violation of the petitioners’ rights and that the petition is not res judicata (has not been decided).

“The matter herein cannot be said to be abuse of the court process,” added the five judges saying issues raised by the petitioners are justiciable.