This archive report was first published on 8 November 2019.
On November 8, 2019, Base Titanium, an Australian mining firm, took the Mombasa county government to court over a new offloading fee imposed on minerals delivered at its private storage facility in Likoni.
The company, which has been operating in the region since 2006, is challenging the decision by the devolved unit to charge offloading fees on minerals delivered at its facility.
According to Simon Wall, the general manager in charge of external affairs, the county government stopped three trucks at a checkpoint located on the boundary of Mombasa and Kwale counties on October 26 and demanded the company to pay Sh6,800 for each truck.
Base Titanium argues that the county government has no powers to deny it the right to use any public road and that the decision to prohibit its vehicles from using public roads and to impose charges on its minerals destined for export is contrary to the Constitution.
The company claims that the decision is arbitrary, oppressive, and violates its rights under Article 47 of the Constitution to an administrative action that is lawful, reasonable, and procedurally fair.
Justice Eric Ogola certified the application by Base Titanium as urgent and fixed it for hearing on November 13.
