[ad_1]
High Court Judge Eric Ogola petitioned by three residents, asking Mombasa County to take over the management and operations of the port, and Chief Judge Da-vid Maraga to form a bench of no less than three judges to hear it.
Ogola J. said the case raises
The petitioners, Mr. William Ramogi, Ms. Asha Omar and Mr. Gerald Kiti, claim that their petition will help clarify who has a mandate on regulation, management and operations at the port.
They want the national government to play a simple regulatory role
"The petition is complex in nature and raises issues of public interest and national importance," said his lawyer, Nyambura Kihoro
. the Attorney General, the Secretary of the Transport Cabinet, the Kenya Ports Authority and the Kenya Railway Corporation as defendants.
The result of the petition could set a precedent for how counties behave with the national government. 19659005] The case takes the fight for control of Mombasa's port from the political arena to the corridors of the law and its outcome could have ramifications for devolution.
According to the Constitution, key institutions such as ports, railways, airports, waterways and natural resources are considered national assets, leaving counties to manage certain categories of roads and markets.
But the petition seeks to review this arrangement and other counties hosting major state-owned companies such as the East African Portland Company (Kajiado), the Kenya Meat Commission (Machakos), hydropower plants in various Counties and sugar companies from the West and Nyanza will be closely followed.
Mombasa is legally mandated to manage its transportation, including ports, but excludes international and domestic transport regulations.
They want a statement that the defendants have not safeguarded the public interest and the common good of the inhabitants of Mombasa. [TRADUCTION] "It is a violation of the Constitution that the national government has not delegated the function of management and operation of the ports to the county government," the petition says.
that the main ports of the world belong to port municipalities and are controlled by them even if they were created by governments.
