This archive report was first published on 18 June 2020.
On June 18, 2020, the High Court suspended a directive making it mandatory for goods destined for Uganda, Rwanda, and South Sudan to be transported by Standard Gauge Railway (SGR) through the Naivasha Dry Port.
Justice Pauline Nyamweya ordered the suspension of the orders which were announced by Transport CS James Macharia in May 2020.
According to court papers, the suspension was granted pending the hearing and determination of the applicant's motion or further orders by the court.
CS Macharia had directed that all transit cargo destined for Uganda, Rwanda, and South Sudan would be transported by the Standard Gauge Railway (SGR) to Naivasha or Metre Gauge Railway to Tororo/Kampala.
However, the petitioner, Okiya Omtatah, refuted the justification that the measures were instituted to prevent the spread of Covid-19, stating that the order aimed at controlling the pandemic was not backed by any scientific study.
He further argued that the notice by the CS had no basis in law and that he did not have any power to issue the notice in the manner he did.
The activist also faulted the fact that there was no public participation before the notice was published.
As a result, the new directives became effective from June 1, 2020, and ignited protests from a number of businessmen in Mombasa.
Nyali MP Mohamed Ali moved to impeach CS Macharia over the directive citing economic losses in the region because of the CS's directive.
