High Court suspends compulsory use of Naivasha container port
The High Court in Nairobi on Wednesday suspended compulsory use of the Naivasha Inland Container Depot (ICD) for goods destined to landlocked EAC countries until a petition filed is determined.
Petitioner Okiya Omtata argued that the claim that transporting goods from the Mombasa port on the Standard Gauge Railway (SGR) for clearance at the Naivasha ICD and destined for Uganda, Rwanda and South Sudan will help contain COVID-19is not backed by any scientific study.
According to the rights activist, the notice by the CS has absolutely “no basis in law, and breaches express provisions of the constitution and of national legislation.”
Omtatah further stated that CS Macharia does not have any power or capacity in law to issue the impugned notice in the manner he purports as there was also no public participation.
“The leave so granted herein to institute these judicial review proceedings shall operate as a stay do operate as a stay and/or suspension of the notice on transit cargo published by the 1st Respondent on 22nd May 2020 on the official Facebook Page of the Ministry of Transport and Infrastructure pending the hearing and determination of the ex parte applicants’ substantive notice of motion or further orders by this court,” ruled Justice Pauline Nyamweya.
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