This archive report was first published on 22 July 2019.
On July 22, 2019, the High Court in Mombasa referred a petition challenging the privatisation of the second container terminal at the port to Chief Justice David Maraga.
Justice Patrick Otieno certified the petition as urgent on July 19, 2019, and ordered that the matter be presented to Justice Maraga to allow him assign judges to the case.
“I direct that the file be transmitted before the CJ for purpose of constituting an uneven number of judges latest before Monday, July 23,” said Justice Otieno.
On July 5, 2019, President Uhuru Kenyatta assented to an amendment of the Merchant Shipping Act, thus allowing the Kenya National Shipping Line (KNSL), which is partially owned by the Swiss-registered Mediterranean Shipping Company (MSC), to run the Sh30 billion terminal.
The Government, through the Ministry of Transport and Infrastructure, signed a memorandum of understanding with MSC. However, the arrangement has divided political and union leaders at the Coast.
On July 19, 2019, Dock Workers Union (DWU) Secretary General Simon Sang, Taireni Association of Mijikenda, and Muslims for Human Rights (Muhuri) filed a case to challenge the port privatisation. Muhuri has since filed a new petition before Justice Otieno after they were struck out of the previous one.
