A company associated with the family of former Mombasa Governor and nominee for the Mining Cabinet Secretary position, Hassan Joho (right) has sued the Kenya Ports Authority (KPA)on claims that the State agency has denied it the benefits of a parcel of land on which it planned to construct a warehouse at the Mombasa port.
In its suit, Portside Freight Terminals Ltd is seeking a declaration that it is the registered proprietor of the leasehold interest on the land parcel known as Mombasa/Block 1/492, BP Shed 6, under a lease dated June 30, 2022, and registered on July 21 the same year.
According to Portside Freight Terminals Ltd, it entered into an arrangement with KPA which convinced it to stop development works on the shed on the understanding that the State agency would give it (Portside) an alternative site of similar measurements.
Portside Freight Terminals says based on understanding, both parties signed and entered into a consent in which a civil case that it had filed against KPA regarding two sheds (five and six) was marked as settled.
The company also wants a declaration that KPA cannot deprive it of its leasehold interest over 'shed six' without prompt and just compensation.
In its petition at the High Court in Mombasa, Portside says after the consent having settled the case, the petitioner continued with development works of shed five awaiting to be allocated an alternative area for shed six which has not been done to date.
“Development of shed five is now complete and is in use but not for shed six which, by either deceit or otherwise, the respondent caused the petitioner to stop construction works which should have been completed within 12 months as provided in the lease,” the petition states.
The petitioner argues that it has in all circumstances effectively been deprived of its leasehold proprietary interests in shed six which lease is still properly registered in its name.
Portside says the conduct of KPA is in breach and total contravention of the Constitution.
“This court is duty bound under the Constitution to protect the petitioners’ fundamental rights relating to property as ordained by the provisions of Article 40 of the constitution,” the suit documents state.
Portside Freight Terminals Ltd says that when the respondent having taken over shed six failed to provide it with an alternative site, it effectively deprived it of its rights and proprietary interests over shed six which KPA has now converted into a storage facility.
It wants an injunction issued to restrain KPA from stopping or in any manner barring it from undertaking construction works on shed six or undertaking construction works of warehouses.
The case will be mentioned on August 7 for directions.