Mombasa port dispute persists as AG opposes petition


The port of Mombasa. Photo/COURTESY
The port of Mombasa. Photo/COURTESY

In Summary

  • In the petition, Mr William Ramogi, Ms Asha Omar and Mr Gerald Kiti, have sued the Attorney General, Transport CS, Kenya Ports Authority and Kenya Railways Corporation.
  • A five-judge bench has allowed Mombasa County to be enjoined as an interested party during the mention of the petition.
  • Judges Lydia Achode, Eric Ogola, Anthony Mrima, Joel Ngugi and Pauline Nyamweya have since directed the petitioners to file their amended petition within the next seven days.

The office of the Attorney General has opposed a petition filed seeking to determine whether the county should be allowed to run Mombasa port.

In a notice of objection, the AG Paul Kihara Kariuki argues that the suit should be dismissed or referred to an alternative dispute resolution mechanism.

He also argues that the suit is an inter-governmental dispute whose resolution is envisaged and provided for differently under the constitution.

The AG further insist that the court has no power on the matter until all alternative dispute resolution mechanisms have been exhausted.

In the petition, Mr William Ramogi, Ms Asha Omar and Mr Gerald Kiti, have sued the Attorney General, Cabinet Secretary in charge of Transport and Infrastructure, Kenya Ports Authority and Kenya Railways Corporation.

A five-judge bench has allowed Mombasa County to be enjoined as an interested party during the mention of the petition.

Judges Lydia Achode, Eric Ogola, Anthony Mrima, Joel Ngugi and Pauline Nyamweya have since  directed the petitioners to file their amended petition within the next seven days.

The matter is set for hearing on October 29 2018.

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Story By Patrick Kanga
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