
A matter in which the family of, Mining, Blue economy and maritime affairs cabinet secretary Ali Hassan Joho has sued Mombasa businessman Mohammed Jaffar and Kenya ports Authority (,KPA) in relation to the interference of Metre Gauge Railway valued at 5 billion is now set for hearing .
Portside freight terminals has sued the Kenya ports Authority ( KPA)alongside grain handling firm Bulkstream, formerly known as Grain Bulk Handlers Ltd (GHBL) over interference of the Metre Gauge Railway ( MGR) .
Outgoing Mombasa high court judge Olga Sewe ordered the matter to be heard in January 2025 ,she further directed that parties in the suit to table evidence through oral proceedings to allow her court dispense off the matter with the urgency it required.
Justice Sewe had issued temporary orders stopping Bulkstream from using the disputed gauge until the matter is heard and determined.
Bulkstream’s lawyer Ken Nyaundi had urged justice Sewe to hear and determine the suit with urgency since his client was incurring huge losses due to stay orders the court had issued 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 use other means to transport its goods.
Justice Sewe had two weeks ago allowed an application by Bulkstream seeking 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 Bulktream have interfered with the MGR that serves its berth at the port of Mombasa.
Portside Freight terminals through lawyer Paul Butti has stated that KPA had granted monopoly to Bulkstream formerly known as Grain Bulk Handlers Ltd and allowed it to lift three lines of Metre Gauge Railway (MGR )and erect a single standard Gauge Railway (SGR) by allowing it to exclusively use the line for purposes of filling its own wagons with edible vegetable oils.
The file has since been placed before Mombasa resident judge Jairus Ngaa.
The matter is set for hearing on January 24 2025.
Written By: Peter Maseke.