This archive report was first published on 19 June 2020.
Kenya's transporters are in a legal battle with the government over a directive requiring the use of the Standard Gauge Railway (SGR) for cargo transport. The Kenya Transporters Association (KTA) has filed an application at the High Court in Mombasa seeking to have the order suspended pending hearing and determination of their case.
The KTA argues that the directive issued by Cabinet Secretary James Macharia, the Kenya Ports Authority, and the Kenya Railways is unconstitutional and will further cripple the transport business. They claim that the directive was issued despite cases related to the matter being in court, making it sub judice.
The association also argues that the Covid-19 pandemic has affected economic activities, making it difficult for transporters to survive if they are forced to use the SGR. They further argue that some owners of containers have protested against the directive, and that it is possible for the hearing of the case to be conducted virtually.
The transporters are seeking a declaration that cargo importers have a right to choose the mode of transport to use. They also want an order issued quashing the Kenya Ports Authority and Kenya Revenue Authority directive and a declaration that Mr Macharia acted unlawfully and contrary to the Constitution.
On a related matter, the High Court in Nairobi has temporarily suspended a government directive on imported goods destined for three neighbouring landlocked countries.
