Dockworkers have challenged the deal between the state and a foreign company over the operation and management of part of the Port of Mombasa.
The workers claim the government entered into the MoU in secret without adhering to the principles of public procurement and selected the firm to operate and manage part of the port.
In a new Amendment Bill Merchant Shipping Act 2009, presented to Parliament, the government is seeking to change the law to allow the Kenya National Shipping Line to take over management of the second container terminal.
Lobbies Taireni Mijikenda Association and Muslims for Human Rights have also been listed been as petitioners.
In the petition filed at the Mombasa law courts, the workers say the Ministry of Transport illegally entered into a MoU with the Mediterranean Shipping Company to allow it to take over the management and control of the CT2.
They want the court to grant interim conservatory orders to preserve the status quo of the present suit.
They have argued that the deal is not viable.
“The implementation therein shall be detrimental to the petitioners and the people of Mombasa and Kenyans,” court papers read.
They also claim the state has failed to adhere to the constitutional principles of transparency, openness, inclusion and public participation. They have also accused the state of not publicising the information pursuant to the Constitution.
They say they are aggrieved by the new amendments to the Merchant Shipping Act and the manner in which the government has purported to enter into the deal.
They are concerned the effect of the memorandum is that the operations shall be privatised and operated by a foreign company.
“There is a high likelihood further actions shall be undertaken by the state in the implementation and execution of the deal, hence, the need for the court to issue conservatory orders,” court papers read.
Edited by R.Wamochie
