This archive report was first published on 20 June 2020.
Kenya Transporters Challenge Mandatory Railway Use ¶
Published on June 20, 2020
Transporters in Kenya are challenging a government directive requiring the use of the Standard Gauge Railway (SGR) for containerized cargo destined for neighboring countries.
The Kenya Transporters Association (KTA) has filed an application at the High Court in Mombasa seeking to have the directive suspended pending hearing and determination of their case.
The association argues that the directive issued by Cabinet Secretary James Macharia, the Kenya Ports Authority, and the Kenya Railways is in breach of the public trust bestowed upon them by the residents of Mombasa and is in violation of the Constitution.
According to the KTA, the directive has the effect of further crippling the transport business, which has already been affected by the Covid-19 pandemic.
The association also argues that some owners of the containers have protested against the directive, which has seen the respondents appear to give in.
The transporters are seeking a declaration that cargo importers have a right to choose the mode of transport to use and an order quashing the KPA and KRA directive.
They also want an order directing the Competition Authority of Kenya to take immediate action to 'demolish' the monopoly being established by the order forcing all transporters to use the SGR.
