This archive report was first published on 26 September 2019.
On September 26, 2019, the Court of Appeal delivered a significant ruling in the battle for control of the Mombasa port, dismissing Kenya Ports Authority's (KPA) bid to stop a petition filed by Mombasa County.
According to the Court of Appeal, the High Court had jurisdiction to hear the petition, which was filed by Mombasa residents William Ramogi, Asha Omar, and Gerald Kiti.
The appellate judges, Mohammed Warsame, Patrick Kiage, and Agnes Murgor, also dismissed a cross-appeal filed by the Attorney-General, stating that the petitioners had raised valid matters that deserved to be heard.
The judges further noted that KPA had failed to prove that the petitioners were proxies of the Mombasa County government.
During the hearing of the appeal, KPA's lawyers, Prof Githu Muigai, Nani Mungai, and Geoffrey Imende, argued that the High Court judges had created an excuse for avoiding a forum where the Constitution mandates such disputes to be heard.
Prof Muigai told the Court of Appeal, "Every litigant must exhaust all primary remedies provided by law before approaching superior court (High Court).">
