• The senators say the ferry service cannot be run as a department of KPA, which is also facing a myriad challenges of its own.
• The KFS is currently the most convenient link between the south mainland and Mombasa island.
Senators from the Coast are opposed to a plan to allegedly transfer the troubled Kenya Ferry Services to the Kenya Ports Authority as one of its departments.
Senators Mohammed Faki (Mombasa), Stewart Madzayo (Kilifi) and Issa Juma Boy (Kwale) say the proposal is unconstitutional and unlawful.
“Over the years, the management and operation of KFS has deteriorated, largely because of lack of investment by the national government,” Faki said in a statement on Monday on behalf of the Coast leadership.
The KFS is the most convenient link between the south mainland and Mombasa island.
The lawmakers say allegations have been afoot in the last two weeks that the government wants to transfer the functions of KFS to KPA.
They claim the proposed handing over of the KFS to KPA violates Article 186 and Schedule 4 (2) of the Constitution, which provides that ferry services are functions of county government and should be transferred to the county government of Mombasa.
According to them, the Act that established KPA gives the authority a specific mandate of managing the ports in Kenya, but does not extend this to managing the operations of ferries.
“The KFS is instrumental to the well-being and livelihoods of the people of Mombasa and the county in general. Any material changes to the operations of KFS solely cannot be left to the national government. It requires extensive consultations, including public participation before it is ratified,” Faki said.
The Mombasa senator said the importance of KFS cannot be underestimated, citing the drowning of Miriam Kighenda and her daughter in October 2019 which is still fresh in the mind of Kenyans.
“The service cannot be run as a department of KPA, which is also facing a myriad of challenges of its own,” he held.
According to him, the national government should consider transferring the service under Article 187 to the county government of Mombasa as this will be a more prudent direction to take in the operations of KFS.
Madzayo vowed to oppose the move by the Ministry of Transport, saying KFS operations can be well handled by the Mombasa county government.
“Worldwide, ferry services are ran by local governments or counties. Unfortunately, they want KFS to be a department of KPA. We will vehemently oppose it,” he said.
If KFS has to be abolished, Madzayo opined that the national government should vest that mandate in county government of Mombasa.
Boy claimed the antional government has an ulterior motive.
“As Coast leaders, we have not been involved at any stage. We don’t know how the decision was reached to combine KFS with KPA,” he said, insisting that ferry services should be distinct from those of the port authority.
Bungoma Senator Moses Wetang'ula said he was worried by decisions being taken by the national government in matters that are clearly devolved and fall under the Fourth Schedule.
“When you say that you are transferring ferry services to KPA, is whoever is doing it read the Fourth Schedule of the Constitution?” Wetang'ula posed.
“How do you just lift and pass them on to KPA? Secondly, KPA is established under an Act of Parliament, and so are ferry services. Are the laws being changed by being brought to Parliament for Parliament to deal with these issues?” the Bungoma senator asked.