High Court has halted plans to privatise Mombasa Port terminal. While delivering his ruling in Mombasa, Justice Patrick Otieno said that the agreement between the port management and a shipping firm over the operations of the terminal is not enforceable at the moment.
Justice Otieno cited the suspension of the plans to Section 16 (1) of the 2019 Statute Law Act.
He asked the two sides to present the case to Chief Justice David Maraga to determine the fate of the agreement. Maraga is now expected to form an uneven bench of judges to decide the case as soon as possible.
Two groups - Taireni Association of Mijikenda and The Dock Workers Union and Muslims for Human Rights (Muhuri) - had applied to be enjoined in the case but later withdrew.
Mijikenda group is still considered part of the case before its determination. Muhuri had applied for the court to declare the agreement reached by the two unconstitutional and non-binding.
The county government of Mombasa had reached an agreement with the Mediterranean Shipping Company in which the later wanted to own one terminal of the port.
The port, however, is considered a national asset and the county government has no mandate to enter deals with any firm where it's locals mandate.
“The MoU is shrouded in mystery and the government has failed to carry out consultative meetings with members of the public,” part of the petition reads, as quoted by Daily Nation.