Mijikenda Group Sues over KPA Corporatization and Port Land Lease

By The COAST Team

Email, thecoastnewspaper@gmail.com

The Taireni Association of Mijikenda has moved to court to stop the proposed corporatisation of Kenya Ports Authority and a long-term leasing of port land and facilities.

The group is concerned this move amounts to privatising of strategic public assets.

Speaking during a media briefing in Mombasa on June 5, 2026, led by its national chairman Peter Ponda Kadzeha argues that leasing core port land to private entities without public participation violates the 2010 Constitution and court orders.

“The proposed corporatisation framework coupled with the leasing of operational assets, effectively transfers these core functions to private actors and reduces KPA to a residual or supervisory role,” he said.

“This constitutes an unlawful abdication of statutory duty and an attempt to alter legislative intent through administrative means.”

The association says port land falls under Article 62(1)(a) of the Constitution as public land held in trust for Kenyans.

Rajab Kalamu Chair Likoni Branch Taireni Association of Mijikenda. (Photo By Mwakwaya Raymond)

The chairman cited past rulings including Constitutional Petition No. 82 of 2019 and Constitutional Petition No. 2 of 2023 where courts demanded public participation, feasibility studies, ESIA, and valuation before any port concession or lease.

“Now that seven days have elapsed since entering service of the petition to relevant Government offices, the association has moved to court and our petition is before the honorable judge Mombasa High Court Case No. HCCHRPET/E025/2026,” he said.

Zuhura Omar, representing women in the group, speaking at the presser, says community is concerned over loss of livelihoods tied to port operations.

Geofrey Mwakio, a youth representative, said the corporatisation and leasing plan will deny youth jobs at the port.

“The move will deny youth jobs,” he said arguing that privatisation will cut casual and contract opportunities that depend on KPA.

Rajab Kalamu accused Coast leadership of silence on the issue.

“Coast leadership has failed to speak on behalf of the region. Leaders should champion for the rights of the coastal people,” Kalamu said.

The association warned that handing operational control to private or foreign entities risks diluting Kenya’s sovereign control over ports and maritime zones.

Zuhra Omar National Vice Treasurer Taireni Association of Mijikenda.(Photo By Mwakwaya Raymond)

It also cited obligations under UNCLOS, MARPOL, and regional treaties like EAC and AfCFTA that require non-discriminatory access and competitive neutrality.

The chairman urged Parliament and the executive to halt the process until constitutional and statutory safeguards on public participation, valuation, and oversight are met.