The High Court has revoked the directive by the Kenya Ports Authority (KPA) and Kenya Revenue Authority (KRA) that all cargo from the Mombasa port to Nairobi be transported via the Standard Gauge Railway (SGR).
The five-judge bench consisting of Joel Ngugi, Lydia Achode, Pauline Nyamweya, Erick Ogola, and Anthony Mrima ruled that the directive violated articles 10 and 47 of the constitution as it did not go through public participation.
According to the bench, the directives did not comply with the fair administration procedure. The judges, however, gave KPA 180 days to suspend the directives.
On March 15, 2019, and August 3, 2019, Kenya Ports Authority (KPA) issued a notice making it mandatory for importers to use railway line to ferry containers to the Nairobi Inland Container Depot. The order sparked protests in Mombasa, with truck transporters terming it illegal and aimed at driving them out of business. They argued it could lead to massive job losses in Mombasa.
The two directives saw the Kenya Transporters Association Ltd challenge their constitutionality and legality in court.
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