Kenya Ferry Services wants the Court of Appeal to overturn the High Court's decision to suspend the construction of a new ferry.
In August 2017, High Court judge Erick Ogola issued conservatory orders temporarily stopping the construction of MV Safari until a case challenging its procurement is determined.
Ogola however allowed the docking and launching of another ferry - MV Jambo - which was also constructed in Turkey.
The total cost of the vessels is Sh2 billion.
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The petition was filed by Bornriz Insurance Marine Surveyors which KFS contracted for consultancy on the new ferries.
The company's officials moved to court when the contract was terminated.
Through lawyer Nani Mungai, KFS has urged the three judge bench to consider the plight of Likoni residents who are in dire need of the new ferry - the court heard that the channel is used by at least 30,000 commuters and 6,000 vehicles everyday.
Mungai noted construction had begun and that the High Court erred in suspending the construction as the decision was based on "mere speculation"
on safety concerns raised by Bornriz.
He added the court ignored the fact that the service proved "minor defectives" raised by the Bornriz were resolved by the constructor - OZATA Tersanecilik San Ve Tic Limited Sti.
KFS further claimed Bornriz did not have a problem with the construction of MV Safari and therefore it was right for its construction to proceed.
Mungai also noted that the five operational ferries have been in use for
almost 30 years and often break down, therefore a new ferry is needed.
He also revealed that KFS spent an extra Sh290 million for the constructor to fast-track the process.
But Bornriz said the service should not complain since public money, not the company's, was used.
The company also noted that several safety concerns had been raised - these include the overhearing of the engine
during the sea-trial of MV Jambo, a "clear indication" that the ferry was unsafe.
He also said the ferry was incomplete as it did not have spare parts and special tools and informed the court that KFS will have to bring
engineers from Turkey
Judges Alnasir Visram, Wanjiru Karanja and Martha Koome will issue their ruling on April 26.
