The Kenya Ports Authority(KPA) has been sued for allegedly redirecting cargo to its preferred Container Freight Stations (CFS’s), overruling the choices by clearing and forwarding companies and their customers.
In their petition at the High Court in Mombasa, five clearing and forwarding companies claim that KPA has between February and March been interfering with instructions from their customers and overriding them.
“The respondent redirects cargo without consulting the petitioners or their principals,” argues the clearing and forwarding companies.
The firms are Triostar Logistics Ltd, Bemacy Freighters Ltd, Utmost Freight Masters Ltd, Palm Freighters Ltd, and Jubilee Clearing and Forwarding.
Through Kitoo, Bosco & Associates Advocates, they argue that KPA’s unilateral action of redirecting cargo causes delays in the clearing process and also increases cost which is passed onto their customers.
“The respondent has no legal authority or powers to unilaterally change shipping instructions from the petitioner’s principals,” argues the companies.
They are seeking a declaration that KPA has no constitutional authority to unilaterally redirect cargo from a CFS chosen by a consignee to another without express instructions from the petitioners or consignees of the cargo.
The High Court is expected to deliver a ruling on April 15 on whether to issue a conservatory order, pending hearing and determination of the petition, restraining KPA from interfering with any shipping instructions issued by the petitioners’ principals for any cargo entrusted to them (petitioners).
