Court allows garbage collectors to continue operations at Mombasa port
By Maureen Kinyanjui |
Justice Mutai ordered that the status quo be maintained, meaning garbage collection operations will continue as they were before the county's action.
Members of the Kenya Ships Contractors Association (KSCA) will continue collecting garbage from ships docking at the Mombasa port following a court order issued on Thursday.
Justice Gregory Mutai of the Mombasa High Court directed that the current arrangement remains in place pending the resolution of a legal dispute between the association and the Mombasa County government.
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The case centres around a recent move by the county government to revoke the licenses of garbage collectors from ships, a decision that sparked protests from the KSCA.
In response, an official from the association, Bramwel Obore, filed a petition seeking to have the county's decision overturned.
The petition claims that the revocation of these licenses is unlawful and violates agreements that allow for garbage collection services inside docking vessels.
In his ruling, Justice Mutai ordered that the status quo be maintained, meaning garbage collection operations will continue as they were before the county's action.
The judge also instructed the respondents to file their responses within two days after Obore's request for conservatory orders.
"The status quo to be maintained...parties will not submit from the bar," ruled Justice Mutai.
He further directed that the case be mentioned on December 16, 2024 for further proceedings.
Quash county's decision
Obore, who is pursuing the case on behalf of himself and the association, is seeking an order to quash the county's decision to revoke the garbage collection licenses.
In his petition, Obore has named several respondents including the Mombasa County Executive for Environment, the governor, the National Environment Management Authority, the Kenya Maritime Authority, the Kenya Ports Authority (KPA), the Attorney General, and the Kenya Ships Agents Association (KSAA).
One of Obore's main arguments is that the Mombasa County Solid Waste Management (Amendment) Act, which enables the county to levy charges on ships for solid waste management, was passed without proper consultation with the public or stakeholders such as the KSCA.
Obore's lawyer, Eugene Wangila, further claims that KPA has been collecting fees on behalf of the county from KSAA without a clear legal framework, which he argues undermines the rights of garbage collectors.
The ruling comes at a critical time for the Mombasa port, where waste management has become a contentious issue amid growing concerns about the impact of waste on both the environment and port operations.
The KSCA has expressed concerns that the county's decision could disrupt waste management at the port, affecting the ships and vessels that dock there regularly.
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