(Mombasa) – Members of the Kenya Ships Contractors Association will continue collecting garbage from ships docking at the Port of Mombasa after a court directed that the status quo be maintained. Justice Gregory Mutai of the Mombasa High Court issued the ruling on Monday, preventing the Mombasa County Government from implementing its decision to revoke the association members’ licenses.
The decision came after a petition filed by Bramwel Obore on behalf of the association, challenging the county’s move to bar its members from garbage collection duties. Mr. Obore seeks conservatory orders to stop the county government’s actions while the case is heard and determined.
Justice Mutai ordered the respondents, including the Mombasa County Government and other agencies, to file their responses within two days. The case will be mentioned again on December 16, 2024.
Mr. Obore’s petition alleges that the county government’s revocation of licenses was unlawful and that the association members were excluded from consultations regarding amendments to the Mombasa County Solid Waste Management Act. The amended Act allows the county to levy solid waste charges on docking vessels, a responsibility Mr. Obore claims is now being handled without proper legal guidelines.
The lawsuit names several respondents, including the Mombasa County Executive for Environment, the Governor, the National Environment Management Authority (NEMA), Kenya Maritime Authority, Kenya Ports Authority (KPA), the Attorney General, and the Kenya Ships Agents Association.
| Key Players in the Case | Role/Allegation |
|---|---|
| Kenya Ships Contractors Association | Challenges the revocation of its garbage collection licenses. |
| Mombasa County Government | Accused of revoking licenses without due process. |
| KPA and Kenya Maritime Authority | Allegedly collecting levies on behalf of the county. |
| Governor of Mombasa | Assured collectors their work was secure, but no action followed. |
Through lawyer Eugene Wangila, Mr. Obore argued that members of the association have made substantial investments in training, advertising, and licensing. The association also claims to have met all legal requirements, including license payments, yet the county government has acted against them arbitrarily.
Mr. Obore contended that the revocation of licenses violates the right to fair administrative action as enshrined in the Kenyan Constitution. The petition also highlights that association members were assured by the Governor during meetings that their jobs were secure, only to face threats of displacement by other officials.
The petitioners are seeking a declaration affirming their legitimate expectation to continue providing waste management services at the port. They argue that the county’s actions threaten their livelihoods and disrupt a service they have consistently provided.
The case underscores the tensions between local governments and private contractors in managing key services at the port, with further hearings expected to shed more light on the legal and administrative aspects of the dispute.