This archive report was first published on 30 November 2019.
On November 30, 2019, the Kenya Transporters Association Ltd (KTA) filed a petition in court challenging the government's directive to transport all imported cargo destined to Nairobi and beyond on the standard gauge railway.
The petition, which has been filed against the Kenya Ports Authority, Kenya Revenue Authority, Kenya Railways Corporation, Transport Cabinet Secretary James Macharia, and the Competition Authority of Kenya, seeks a declaration that importers of cargo at the port of Mombasa have a right to choose the mode of transporting their goods.
According to the petition, the directive issued by the Kenya Ports Authority and the Kenya Revenue Authority breaches public trust and violates the Constitution.
The transporters argue that instead of improving consumer awareness on the use of SGR, the government has curtailed consumers' right to make their own choice regarding which mode of transport is suitable for them.
They also argue that the directive was not subjected to any public participation and that the government has failed to operate in a way that realises that there is no business that is more important to people than another.
The transporters are seeking a declaration that the directive be quashed, an order directing the Competition Authority of Kenya to take immediate action to demolish the monopolistic tendency in the transportation of containers from the port to other destinations, and general damages against the respondents.
