Kenya Ports Authority and the Attorney General have been sued in relation to a tender relating to leasing, outsourcing, corporatization, concession or transfer of operational control over various facilities, services, equipment and strategic assets under the Authority (KPA).
Public Interest Group (PIG), a nonprofit organisation which has sued KPA and the AG (respondents), says that the port of Mombasa is a strategic national asset whose management transcends ordinary commercial interests.
It wants an order issued quashing all decisions, approvals and actions undertaken pursuant to Tender No.KPA/211/2025-26/BLS.
In its petition at the High Court in Mombasa, PIG says that it is apprehensive that the intended arrangement, if implemented will fundamentally alter the ownership, control and management structure of strategic public assets without adherence to constitutional structures.
“Any transfer of operational control over such infrastructure must comply strictly with constitutional principles and public accountability requirements,” the petition states in part.
PIG also wants a permanent injunction issued restraining the respondents from leasing, outsourcing, corporatizing, privatizing or transferring operational control of strategic port assets without full constitutional compliance.
It also wants a declaration that the port of Mombasa and related strategic port infrastructure constitute public assets held in trust for the people.
According to PIG, despite the magnitude, public importance and far-reaching economic implications of the proposed transaction, the respondents have failed or refused to disclose sufficient information concerning feasibility studies undertaken, proposed concession frameworks and sufficient information on labour impact assessment.
It also adds 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.
PIG 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, PIG further says renders any decision affecting its 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,” PIG argues in its petition.
The petitioner says 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.
This, it says is contrary to the constitutional principles of public participation, inclusiveness, transparency and accountability and good governance enshrined in the constitution.
PIG also claims that the respondents have failed or refused to disclose critical information necessary for public scrutiny and that the disclosure failure violates the right of access to information.
It also says that the respondents have refused to disclose any framework, policy or binding safeguards demonstrating how the employment security of affected workers, their pension rights, collective bargaining rights and accrued employment benefits will be protected in the event of the proposed concession, privatization or transfer management of the port of Mombasa.
The petitioner also wants a declaration that the respondents’ actions in implementing Tender No.KPA/211/2025-26/BLS without adequate public participation violates the constitution.
PIG also wants an order issued restraining the respondents from implementing, executing, awarding, operationalizing or giving effect to the impugned tender process.
The organisation also wants an order issued compelling the respondents to disclose all documents relating to the transaction including feasibility studies, labour impact assessment, concession frameworks and related reports.
The case will be mentioned on September 28.