[2018] KEHC 6779 (KLR)

[2018] KEHC 6779 (KLR)

The court found that the Petitioners, as an association registered under the Societies Act and acting on behalf of its members, have locus standi to bring the petition under Articles 22 and 258 of the Constitution, which broaden the scope of who may institute proceedings for violation of fundamental rights. The court further held that, although the dispute has contractual elements, the Petition as drafted alleges violation of constitutional rights, specifically economic rights and the right to property. The High Court, therefore, has jurisdiction under Articles 23 and 165(3)(b) to entertain the matter. The existence of alternative remedies or the contractual nature of some claims does not...

Citation
[2018] KEHC 6779 (KLR)
Parties
Applicant: The Container Freight Stations Association of Kenya (and its members: Makupa Transit Shade Ltd, Regional Logistics Ltd, Mitchel Cotts Freight (K) Ltd, Kencont Ltd, Interpel Container Freight Station, Focus Container Freight Station Ltd, Awanad Enterprises Kenya Limited, Consolbase Limited, Boss Freight Terminal Ltd, Portside Freight Terminals Ltd, Mombasa Island Cargo Terminal Ltd, Autoport Freight Terminals Ltd, Signon Container Freight Station Ltd, Multiple Inland Container Depot Ltd, Mombasa Container Terminal Ltd); Respondent: Kenya Ports Authority; Respondent: Kenya Railways Corporation
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
3 May 2018
Case Number
Constitutional Petition 80 of 2018
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed; costs in the cause.
Judges
DO Ogembo
Legal Topics
Locus Standi, Jurisdiction of High Court, Economic Rights, Right to Property, Contractual Disputes, Container Freight Operations
Source Language
English
Constitutional Law Commercial and Corporate Locus Standi Jurisdiction of High Court Economic Rights Right to Property Contractual Disputes Container Freight Operations

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Parties

The Container Freight Stations Association of Kenya (and its members: Makupa Transit Shade Ltd, Regional Logistics Ltd, Mitchel Cotts Freight (K) Ltd, Kencont Ltd, Interpel Container Freight Station, Focus Container Freight Station Ltd, Awanad Enterprises Kenya Limited, Consolbase Limited, Boss Freight Terminal Ltd, Portside Freight Terminals Ltd, Mombasa Island Cargo Terminal Ltd, Autoport Freight Terminals Ltd, Signon Container Freight Station Ltd, Multiple Inland Container Depot Ltd, Mombasa Container Terminal Ltd)

Applicant

Kenya Ports Authority

Respondent

Kenya Railways Corporation

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the Petitioners have locus standi to bring the constitutional petition.
  2. 2 Whether the High Court has jurisdiction to entertain the suit given the nature of the dispute.

Ratio Decidendi

The court found that the Petitioners, as an association registered under the Societies Act and acting on behalf of its members, have locus standi to bring the petition under Articles 22 and 258 of the Constitution, which broaden the scope of who may institute proceedings for violation of fundamental rights. The court further held that, although the dispute has contractual elements, the Petition as drafted alleges violation of constitutional rights, specifically economic rights and the right to property. The High Court, therefore, has jurisdiction under Articles 23 and 165(3)(b) to entertain the matter. The existence of alternative remedies or the contractual nature of some claims does not...

Court Disposition

Preliminary objections dismissed; costs in the cause.

Orders

  • The Preliminary Objection dated 10th April 2018 and that raised in the 1st Respondent’s replying affidavit filed on 10th April 2018 are hereby dismissed.
  • Costs shall be in the cause.