The Court of Appeal sitting in Mombasa will on September 26, 2019 make a judgment whether a petition seeking Mombasa County to run the Mombasa Port will proceed.
A Three-Judge Bench comprising Patrick Kiage, Mohamed Warsame and Agnes Murgor is handling the appeal that arose from a suit by three Mombasa residents.
William Ramogi, Gerald Kiti and Asha Omar last July sort a declaration on the governance, management, and decision making at all governance levels where there is a natural resource involved.
They sued the Attorney General, the Cabinet Secretary of Transport and Infrastructure, Kenya Ports Authority, and Kenya Railways Corporation.
The county government of Mombasa, Muslims for Human Rights (Muhuri) and activist, Maina Kiai are interested parties.
The petition challenges the agreement that led to the freight and cargo handling activities being transferred from Mombasa to the Nairobi Inland Container Depot.
In August 2018, Chief Justice, David Maraga constituted a five-judge bench comprising of Justices Lydia Achode, Joel Ngugi, Lady Pauline Nyamweya, Eric Ogola, and Antony Mrima.
The AG challenged the jurisdiction of the bench, claiming it was handling a matter that ought to be before the Intergovernmental Dispute Tribunal.
In November, the five-judge bench made a ruling that allowed it to hear the matter.
KPA and KRC appealed.
By Hussein Abdullahi