Petition Filed to Stop KPA Leasing Port Assets

By The COAST Reporter

Email, thecoastnewspaper@gmail.com

A nonprofit organization has filed a petition to restrain Kenya Ports Authority (KPA) from leasing, outsourcing, corporatising, privatising or transferring operational control of strategic port assets without constitutional compliance.

The Public Interest Group (PIG) says in its petition is at the High Court where it has also sued the Attorney General (AG) describing the Port of Mombasa as a strategic national asset whose management transcends ordinary commercial interests.

The petitioner says that it became aware of Tender No.KPA/211/2025-26/BLS relating to leasing, outsourcing, corporatisation, concession or transfer of operational control over various facilities, services, equipment and strategic assets under the authority.

The organisation is apprehensive that the intended arrangement, if implemented will alter the ownership, control and management structure of strategic public assets without adherence to constitutional structures.

It also wants an order issued quashing all decisions, approvals and actions undertaken pursuant to Tender No.KPA/211/2025-26/BLS.

PIG says that despite the magnitude, public importance and far-reaching economic implications of the proposed transaction, the respondents (KPA and AG) have failed to disclose sufficient information concerning feasibility studies undertaken, proposed concession frameworks and sufficient information on labour impact assessment.

It also claims that the respondents have failed to disclose sufficient information concerning ownership structures of the intended operators, lease durations and terms, revenue sharing arrangements and safeguards, if any, put in place to preserve public ownership and control of the strategic national infrastructure.

The petitioner (organisation) says that the port of Mombasa is a strategic national asset whose management and operation directly impact national economic security, customs administration, regional and international trade, employment, maritime transport, public revenue collection and the overall economic growth and development of the country.

This, the organization says renders any decision affecting its (port) control, management or concession a matter of immense public interest and constitutional significance.

“The petitioner reasonably believes that the implementation of the impugned tender process without constitutional safeguards poses a substantial threat to constitutional governance and public interest,” says PIG.

PIG also wants a declaration that the respondents’ actions in implementing Tender No.KPA/211/2025-26/BLS without adequate public participation violates the constitution.

It also wants a declaration that the port of Mombasa and related strategic port infrastructure constitute public assets held in trust for the people.

The petitioner argues that any transfer of operational control over such infrastructure must comply strictly with constitutional principles and public accountability requirements.

PIG also claims that the respondents have failed to meaningfully engage and consult affected stakeholders including workers, trade unions, coastal communities, civil society organisations, maritime sector stakeholders and the public.