Mohammed Jaffer Takes His Battle With Johos On Bulk Grain Handling Further

In his petition filed in the High Court in Mombasa, Mr Omtatah has also sued Portside Freight Terminals Ltd, Heartland Terminals Ltd and Portside CFS Ltd, and has named the Dock Workers Union as an interested party.

Governor Joho and his brother Abu (left).

The petitioner argues that the respondents are frustrating a public evaluation of the permit and violating his constitutional right and duty to be involved in a matter of significant public interest (procurement of the second bulk grain handling facility).

Mr Omtatah says that Executive Order No 2 of 2018 requires all procuring public entities to publish tender opportunities and contract awards through the Public Procurement Information Portal.

The petitioner also says that contrary to the order, KPA has not published on the portal a copy of the licence or permit it granted to Portside Freight Terminals Ltd and Heartland Terminals Ltd.

He also argues that the licence or permit was issued in violation of conservatory orders issued by the court in another petition that bound KPA not to act.

Mr Omtatah wants a conservatory order suspending the licence issued by KPA to the two companies to develop a second bulk grain handling facility pending the determination of his petition.

Parliament on bulk grain monopoly 

Last year the Lawmakers raised an issue over the bulk grain handling monopoly and wanted KPAto fast track authorisation of design, development and implementation of more grain bulk handlers at the facility to enhance competition and optimise revenue collection.

In a report, the National Assembly Finance, Planning and Trade Committee took issue with the current monopoly enjoyed by the Grain Bulk Handlers Ltd, a private entity, and especially low tariffs that it is charged as compared to other grain bulk handlers, saying it is a technical barrier to trade and competition.

Mohammed Jaffer, owner GBHL.