Court finds SGR cargo order violated constitution, orders 180-day public participation period

November 17, 2020

The High Court has declared illegal two government directives that require cargo imported through the Port of Mombasa be transported exclusively through the Standard Gauge Railway (SGR).

The petitioners and interested parties in the case included a number of Okoa Mombasa members and affiliates.

The five-judge bench ruled that the directives were in violation of Articles 10 and 47 of the Constitution for want of public participation and for non-compliance with fair administrative procedures. It declared them “constitutionally infirm” and “quashed.”

However, the court also ruled that the directives serve a “legitimate governmental interest” and could be “regularized” if the government conducted a public participation process within 180 days. The court thus suspended its order quashing the directives for 180 days, to give the government an opportunity to invite public participation.

Over the next 180 days, Okoa Mombasa will be monitoring the public participation process to ensure that it is open, comprehensive and meaningful. We encourage all stakeholders to take part in the process, and will provide more information on how to do so as it becomes available.

Update 23 Nov 2020: Kenya Ports Authority (KPA) has appealed the ruling. 

Read the court’s judgement

Read KPA’s notice of appeal (23/11/2020)

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