Kenyan appeals court halts petition over who runs Port of Mombasa
KENYA's Court of Appeal is halting proceedings of the petition filed in Mombasa by three residents with regards to handing over the management of Mombasa seaport's operations to the east African nation
KENYA's Court of Appeal is halting proceedings of the petition filed in Mombasa by three residents with regards to handing over the management of Mombasa seaport's operations to the east African nation.
Residents William Ramogi, Asha Omar and Gerald Kithi also want the national government to play an oversight role in this matter.
The trio have sued the attorney general, cabinet secretary in charge of Transport and Infrastructure, Kenya Ports Authority (KPA) and Kenya Railways, reported the Nairobi Star.
However, the state led by the attorney general moved to the court of appeal saying the petition is an intergovernmental conflict which should be solved by the national and county governments.
The attorney general said the five-judge bench constituted by chief justice David Maraga lacks jurisdiction to hear the matter and therefore they should not proceed.
The five-judge bench led by justice Lydia Achode while adjourning the matter said: 'We are unable to proceed with the hearing, we request for some time to consult on the new developments.'
The judges said they also need to interpret on whether an agreement between KPA and Kenya Railways to have cargo transported through the standard gauge railway (SGR) was constitutional.
They said the constitutional court needs to determine whether the agreement infringed the rights of the petitioners and the residents of Mombasa.