Mombasa Governor Ali Hassan Joho has been given a chance to defend why the port of Mombasa should be run by the county government.
This is after the Court of Appeal dismissed an application filed by Kenya Ports Authority’s (KPA) seeking to stop the hearing of the case.
KPA through lawyers Prof Githu Muigai, Nani Mungai and Geoffrey Imende argued that the petition seeking to have the county run the port could not be heard at the High Court.
They argued that the High Court did not have jurisdiction to hear the petition that was filed by Mombasa residents William Ramogi, Asha Omar and Gerald Kiti.
The petitioners seek to know who between the county and national government has the mandate over regulation, management and operations at the port.
“Every litigant must exhaust all primary remedies provided by law before approaching superior court (High Court),” Prof Muigai told the court as quoted by businessdailyafrica.com.
Appellate Judges Mohammed Warsame, Patrick Kiage and Agnes Murgor in their ruling dismissed KPA’s application saying the High Court has jurisdiction to hear the petition.
The judges who also dismissed a cross appeal filed by the Attorney-General said that the appellants did not provide any evidence to prove that the petitioners are proxies of the Mombasa county government.