This archive report was first published on 1 October 2019.
On October 1, 2019, the Court of Appeal delivered a significant ruling in favor of Mombasa County, dismissing Kenya Ports Authority's (KPA) appeal to deny the county's involvement in the management and governance of the port.
The three-judge bench, comprising Mohammed Warsame, Patrick Kiage, and Agnes Murgor, upheld the High Court's jurisdiction to hear the petition filed by Mombasa residents William Ramogu, Asha Omar, and Gerald Kiti in July 2018.
The petitioners had challenged the agreement that transferred freight and cargo handling activities from Mombasa to the Nairobi Inland Container Depot, seeking a declaration that would involve Mombasa County in governance, management, and decision-making at all levels where natural resources are involved.
Prof. Githu Muigai, representing KPA, argued that the High Court judges had created an excuse for avoiding the Intergovernmental Dispute Tribunal, as provided for in Article 159 of the Constitution. However, the appellate judges dismissed this plea, stating that the petitioners had not been denied a chance to be heard and that the Intergovernmental dispute tribunal cannot handle disputes between individuals and a government agency.
With this ruling, Mombasa County is now poised to take a more active role in the management and governance of the port, a move that could have significant implications for the county's economy and development.
