This archive report was first published on 3 August 2019.
On August 3, 2019, a significant development occurred in the ongoing port privatisation saga. The Dock Workers Union (DWU) Chairman, Mohamed Sheria, successfully withdrew the union from a petition filed by Simon Sang to stop the privatisation of the port's second container terminal.
The move has escalated infighting within the union, with the Sheria group accusing Sang of acting unilaterally without consulting other members. According to the DWU constitution, any matter filed in court requires an executive meeting of the board, which Sang failed to obtain.
Lawyer Oduori Siminyu, representing the DWU board, stated that Sang's actions were a 'unilateral decision' and that the union wants to be removed from the proceedings because they never filed the case.
Despite the withdrawal of the DWU and a human rights outfit, Muhuri, the case continues, with the Taireni Association of Mijikenda still pursuing the matter. The association is seeking a declaration that the Memorandum of Understanding (MoU) between the government and Mediterranean Shipping Company is illegal and unconstitutional.
The association argues that the privatisation of the port's second container terminal is contrary to the principles of sovereignty, as the port is a national asset. They also claim that the implementation of the MoU will be detrimental to Kenyans.
