The prosecution of Geoffrey Otieno Okuto over the 2019 murder of an Orange Democratic Movement (ODM) supporter in Kilifi County is hanging in the balance after it emerged that the defence is seeking a review of the charge.
An official of the Kenya Ships Contractors Association has sued the county government of Mombasa over its decision to revoke its members’ garbage collection licences from inside ships that dock at the port of Mombasa.
Mr Bramwel Obore, who has filed a petition on his own behalf and that of the association, is seeking an order quashing the decision by the county government to revoke the association members’ garbage collection licences.
Also sued in the petition filed at the High Court in Mombasa is the county executive committee member in charge of environment, the governor, National Environment Management Authority (Nema), Kenya Maritime Authority (KMA), Kenya Ports Authority (KPA), the attorney-general and Kenya Ships Agents Association.
Mr Obore argues that pursuant to the enactment of the Mombasa County Solid Waste Management (Amendment) Act that allowed the devolved unit to start levying charges for solid waste management from docking vessels as the public, members of the association, were not involved.
Through lawyer Eugene Wangila, Mr Obore says that without any legal framework, KPA has been mandated to collect revenue on behalf of the county government from Kenya Ships Agents Association.
The petitioner wants the court to quash the decision by the county government to revoke the association members’ garbage collection licences.
He also wants an order issued prohibiting the respondent from refusing to renew the solid waste collection licenses of the association members upon qualification and engaging in solid waste collection from inside docking vessels at the port of Mombasa.
The petitioner argues that under the association, members have invested heavily in training their staff, licensing and advertisement of their trade.
“The petitioners have gained a lot of clientele and therefore it will be prejudicial for them to have incurred huge losses to only have their business taken away,” part of the petition states.
He argues that the licensing fees were paid by the association members which formed part of the conditions set out by the respondents that they can only undertake garbage collection from the vessels upon obtaining a licence.
The chairperson argues that the termination of the association members contract without reasons and opportunity to be heard is unprocedural.
“The petitioners have held several meetings at the office of the county government where the Governor (whom they have also sued) assured them that their work is intact and that they should not be worried yet on the other hand officials are threatening to proceed with carrying out the work which they are not the designated people to do,” the petition states in part.
Mr Bore also argues that the revocation of the association members’ garbage collection licence by the county government amounts to violation of the petitioners right to fair administrative action contrary to the Constitution.
The chairman also wants a declaration that the petitioners’ association members had a legitimate expectation that they shall continue to offer the services of garbage collection and engaging in solid waste collection from inside docking vessels at the port of Mombasa.
