Mombasa County Sparks Controversy as Garbage Collection Law Faces Criticism

A legal storm is brewing between the Kenya Ports Authority (KPA) and the Mombasa County Government over a contentious garbage collection law targeting ships docking at the port.

The Mombasa County Solid Waste Management Amendment Act, 2023, faces allegations of violating Kenya’s Constitution and international conventions on maritime pollution.

A businesswoman and other stakeholders are pushing back against what they see as unconstitutional and internationally damaging legislation.

At stake is not just compliance but Kenya’s global reputation as a maritime hub.

Inside Mombasa County’s Controversial Law: What’s at stake?

The Mombasa County Solid Waste Management Amendment Act, 2023, has drawn sharp criticism for allegedly flouting Kenya’s Constitution and breaching the International Convention for the Prevention of Pollution from Ships (MARPOL).

This treaty, which Kenya has ratified, regulates pollution caused by oil, noxious liquid substances, harmful packaged substances, sewage, garbage, and air pollution from ships. Critics argue the law undermines Kenya’s obligations to prevent environmental harm.

At the center of the dispute is Section 42A of the Act. Businesswoman Ruwaida Hussein claims this section contradicts the Constitution and MARPOL, making it null and void.

Following the enactment of the law, KPA issued a notice authorizing itself to collect garbage-related charges on behalf of the county government.

Hussein insists this notice is illegal, ambiguous, and sabotages Kenya’s international commitments.

Court documents reveal her grievances, including the issuance of unclear instruments and the imposition of levies on marine vessels docking in Mombasa.

Hussein seeks a court order to nullify Section 42A and quash KPA’s notice, effectively stopping the levies on behalf of the county government.

Stakeholders and Legal Implications

The controversy has roped in several key players. The Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs, along with the Attorney General, face lawsuits for their roles.

The Kenya Maritime Authority (KMA) and the National Environment Management Authority (NEMA) have joined the case as interested parties.

These institutions are now under scrutiny for their part in enforcing or failing to oppose the disputed law.

Adding fuel to the fire, the Kenya Ships Contractors Association has taken legal action against Mombasa County for revoking its members’ licenses to collect garbage from ships at the port.

This move has intensified the debate, as stakeholders argue the law unfairly disrupts established business operations.

Final Word

This case is more than a legal tussle; it highlights the delicate balance between devolved governance and national interests.

The outcome could set a precedent for how counties manage port operations and align with global maritime standards.

As the legal battle unfolds, all eyes are on Mombasa, where political maneuvering, economic stakes, and environmental commitments collide.