Activist Maina Kiai and Muhuri have said the suit challenging government’s control over Mombasa port is of public importance and warrants a bench.
Muhuri is a civil society organization (CSO) based in the coastal region that has been involved in promoting good governance and respect for the human rights of marginalized groups since 1997.
In their written submission, the two want the bench to have at least three judges, assigned by the Chief Justice David Maraga.
Three petitioners moved to court seeking a declaration on the governance, management and decision making at all governance levels where there is a natural resource involved.
The petitioners are William Ramogi, Gerald Kiti and Asha Omar.
Kiai and Muhuri said the case is novel, complex and calls for debate.
The two said issues being raised in the suit have not been determined by any Court and thus cannot be heard by one judge.
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The duo said because the matter directly and substantially affects the rights of the parties, the CJ ought to form a bench.
Justice Erick Ogola on Tuesday directed all parties to file an application on why the matter should be heard, or should not be heard by more than one judge.
In the case, the three petitioners sued the Attorney General, the Cabinet Secretary of Infrastructure, Kenya Ports Authority and Kenya Railways Corporation.
The Petition challenges the agreement that led to the freight and cargo handling activities being transferred from Mombasa to Embakasi Inland Container Depot.
Kiai and Muhuri said the social-economic rights of Mombasa residents and the surrounding Coastal counties have been violated by the agreement whose content has not been revealed to those who it has affected adversely.
“It is clear that the petition raises questions whose determination will not only affect the individuals closest in geographical proximity to the port but the effect will ripple to the public at large,” the written submission reads in part.
The interested parties cited Article 46 of the Constitution that touches on the consumer rights, saying importers have been forced use Standard Gauge Railway at the "total disregard of it being detrimental to the economic interests".
Quoting Article 47 on a fair administrative action, the two are challenging the government to provide a legal basis that informed the decision to have all unnominated cargo transported by rail to the Embakasi ICD.
Kiai and Muhuri said it is incumbent on the government to facilitate decentralization of state organs from the capital.
They claimed having ICD in Nairobi is doing the exact opposite.
Most Container Freight Stations have moved to Nairobi following direction to have all un-nominated cargo cleared from Embakasi ICD.
Locals who were employed lost their jobs as a result.
The matter will be mentioned on July 9.