The fight over the control of ferry services has taken a different twist after Mombasa governor Ali Hassan Joho resolved to seek intervention of the Supreme Court.
The Supreme Court under the leadership of Chief Justice David Maraga is now expected to give direction on the control of the services after the county government and the national government failed to reach an agreement.
Through lawyer Paul Mwangi, Joho is seeking intervention of the highest court in the nation to overturn the earlier ruling of the Court of Appeal after it denied the county government an opportunity to be levying ferry users.
Mwangi poked holes into the ruling of the lower court, saying that it was unconstitutional and erroneous.
“The Court of Appeal relied on unconstitutional and extraneous issues to deny the county opportunity to collect revenue from a facility that falls within its jurisdiction. Unless the Supreme Court intervenes, the people of Mombasa will not benefit from their own facility,” said Mwangi.
In February 2016, the county government took over Kenya Ferry Services (KFS) and began collecting revenue from the port. In November the same year, KFS moved to court seeking to stop Joho’s government from collecting revenue from the port.