A company associated with Mombasa businessman Mohammed Jaffar has yet again being sued over disruption of, Metre Gauge Railway ( MGR) inside the Kenya ports Authority Mombasa.
The disputed MGR is valued at 5 billion.
Portside freight terminals a company owned by the family of cabinet secretary for Mining , Blue Economy and Maritime affairs Ali Hassan Joho has sued the Kenya Ports Authority ( KPA) alongside grain handling firm Bulk Stream Ltd. over interference of the Metre Gauge Railway ( MGR) .
Mombasa High Court Judge Olga Sewe ordered the matter to be heard in January 2025, she further directed that parties in the suit should table evidence through oral proceedings to allow her court dispense off the matter with the urgency it required.
Justice Sewe further ordered that her court would visit the disputed site inside Kenya Ports Authority Mombasa before the hearing of the matter. “I hereby allow the application for the site visit, by 11 o’clock we be at the court to proceed to the site of the disputed suit before commencing the hearing,” she ruled.
The matter came up for mentioning on Tuesday this week on Tuesday, for further directions as bulk stream lawyer Ken Nyaundi had sought for the matter to be heard and determined with urgency since his client was incurring huge losses due to stay orders issued by Justice Sewe stopping Bulk stream from loading its wagons used to transport edible oil from the port.
Nyaundi informed the court that, his client had continued to suffer huge losses since, the firm was being forced to transport it’s goods through other means.
Justice Sewe two weeks ago had allowed an application by bulk stream that had sought the court to visit the disputed site before the matter is heard and determined.
In the suit Portside freight terminals Ltd claims that KPA and Bulk Stream have interfered with the MGR that serves its berth at the Port of Mombasa.
Portside Freight terminals has stated that KPA had granted monopoly to bulkstream formerly known as grain bulk handlers Ltd and allowed it to lift 3 lines of Metre Gauge Railway (MGR )and erect a single Standard Gauge Railway (SGR) by allowing Bulk Stream to exclusively use the line for purposes of filling it’s own wagons with edible vegetable oils.
However Bulk Stream through it lawyer Ken Nyaundi informed the court that his client was in curing huge losses by being forced to transport his goods through other means following the court orders barring it from using the disputed line, he sought for the matter to be heard with the urgency it requires. Justice Sewe ordered the witnesses in the matter to be availed for cross examination, to defend their adopted affidavit before court.
“Since it is a matter of public interest l allow the application for a site visit earlier orders to remain in force,”she stated.
Written By: Bragin Maina