High Court Throws out KSAA Petition Against KMA Regulations

By Mbungu Harrison

The High Court in Mombasa has dismissed a petition filed by the Kenya Ships Agents Association (KSAA) challenging maritime regulations implemented by the Kenya Maritime Authority (KMA).

In a judgment delivered virtually this morning, Lady Justice Olga A. Sewe ruled that the regulation-making process followed by KMA and the Ministry of Mining, Blue Economy and Maritime Affairs was lawful and complied fully with applicable legal procedures.

“The petition lacks merit. The regulations in question were formulated in accordance with the law, and due process was followed,” she ruled in the decision dated and delivered on Friday, 19th September 2025.

The case, filed under Petition No. HCCHRPET/E051/2024, was heard at the Mombasa Law Courts, where KSAA had challenged the legality and implementation of several maritime regulations introduced by the KMA.

The petition listed the Cabinet Secretary for Mining, Blue Economy and Maritime Affairs, the KMA, and two others as respondents.

KSAA had argued that the regulations were introduced without adequate consultation and that they infringed on the rights and operations of shipping agents.

However, the court found no evidence to support these claims and upheld the validity of the regulation-making process.

With the dismissal of the petition, the contested regulations remain in full force and effect, affirming KMA’s mandate to regulate, coordinate, and oversee maritime affairs in Kenya.

Legal analysts say the ruling sets a strong precedent in support of regulatory oversight in the maritime sector and reinforces the government’s commitment to enforce standards aimed at improving efficiency, safety, and accountability within the blue economy.

This decision is likely to strengthen confidence among maritime stakeholders and international partners, reaffirming Kenya’s commitment to good governance and rule of law in the management of its maritime sector.