This archive report was first published on 30 November 2019.
Published on November 30, 2019, the dispute between the Kenyan government and transporters over the obligation to use the standard gauge railway (SGR) for cargo destined to Nairobi and beyond has reached the courts.
The Kenya Transporters Association Ltd (KTA) has filed a petition in court, seeking to declare that importers of cargo at the port of Mombasa have the freedom to choose how their goods are transported.
The petition targets the Kenya Revenue Authority (KRA), Kenya Railway Corporation (KRC), Kenya Port Authority (KPA), and Transport Cabinet Secretary James Macharia, as well as the Competition Authority of Kenya.
The transporters argue that the directive, which favors the Kenya Railways, was issued without public participation and breaches the right of consumers to decide how their cargos are transported.
According to the KTA, the government's decision ignores the role of road infrastructure development and transportation companies in generating revenue.
The association also claims that it was not given a chance to express its views on the directive, despite being a stakeholder in the transportation sector.
The KTA is demanding that the directive be revoked, and a declaration be made that Mr. Macharia has acted illegally and contrary to the constitution.
They are also seeking compensation for general damage and the cost of the petition.
"The government behaves as though the SGR is the only infrastructure which has ever been invested in the country and forgets that the road infrastructure development and transportation companies have been a great source of revenue," argues KTA in its petition.
