This archive report was first published on 18 June 2020.
On June 1, 2020, the Transport CS, James Macharia, issued a notice making it compulsory for goods detained for Uganda, Rwanda, and South Sudan to be transported on the Standard Gauge Railway (SGR) for clearance at the Naivasha Inland Container Depot (ICD). However, this order has been suspended by the High Court until a petition filed by Okiya Omtatah is determined.
According to Omtatah, the claim that transporting all transit cargo on the SGR for clearance at the Naivasha ICD will help contain the COVID-19 pandemic is not backed by any scientific study. He further argued that the notice by the CS had no basis in law and breached express provisions of the Constitution and national legislation.
The court, in its ruling, granted leave to Omtatah to institute judicial review proceedings, which will operate as a stay and/or suspension of the notice pending the hearing and determination of the substantive notice of motion.
As a result, all transit cargo railed to ICD Naivasha will be collected by trucks to the partner states via Busia or Malaba. The Kenya Revenue Authority (KRA) had already commenced movement of transit cargo from the Port of Mombasa to the Naivasha ICD in a move aimed at decongesting and improving efficiency at the coastal port.
