This archive report was first published on 19 July 2019.
On July 19, 2019, the High Court in Mombasa issued an interim order suspending the implementation of a memorandum of understanding between the government and a shipping company over the operations and management of a container terminal at the port of Mombasa.
Justice Patrick Otieno, sitting in Mombasa, issued the order after suspending the implementation of Section 16 (1) of the 2019 Statute Law Act.
The judge also directed the case file to be taken to Chief Justice David Maraga so he can set up a panel of an uneven number of judges to hear the petition.
The petition, filed by the Taireni Association of Mijikenda, seeks a declaration that the MoU between the government and Mediterranean Shipping Company is illegal and unconstitutional.
The petitioner argues that the purported privatisation of the operation and management of part of the Mombasa port (Container Terminal Two) to a private entity is contrary to the principles of sovereignty as the port is a national asset.
They also argue that the MoU for the transfer of part of the terminal to a private entity is not viable and the implementation will be detrimental to Kenyans.
"The MoU is shrouded in mystery and the government has failed to carry out consultative meetings with members of the public," part of the petition reads.
