'I have considered the applicant''s two applications dated 1 September 2025 and which are by way of chamber summonses. The first summons seeks this Honourable Court''s indulgence to admit the second application for hearing during the court''s current recess. The second application seeks the court''s leave for the applicant to file a motion for judicial review reliefs. I am satisfied, for reasons given in the certificate of urgency, that the application is urgent, and it is so certified. I am also satisfied that, based on the material before the court, the applicant merits leave to file a substantive motion for judicial review reliefs sought in the statutory statement. Accordingly:
1. Leave be and is hereby granted to the Ex-Parte Applicant to apply for an order of Certiorari to remove into this Honourable Court and quash the decision of the Respondent to implement the new tariffs contained in the Kenya Ports Authority Reviewed Tariff Book 2025, including: -
(i) The provisions of Clause 15.5, which provide that "Imports and Exports handled at lnland Container Depots (ICDs) shall be charged 70% of the rates in Clauses I5.| 1o 15.4", without extending the same concession to Container Freight Stations (CFSs) ''''despite both being recognised customs areas under law.
(i) the introduction and /or extension of "shore-handling charges" to containerised cargo destined for or handled through CFSs, notwithstanding the Respondent''s own definition of "shore-handling" as limited to handling between the quay/jetty and transit sheds, warehouses, or stacking yards within the port.
(i)the decision by the Authority to implement the revised dry bulk stevedoring and wharfage rates.
(iv) The decision to introduce the "Dirty Cargo Surcharge" of USD 0.50 per metric tonne.
2) Leave be and is hereby granted to the Applicant to apply for an order of Prohibition directed to the Respondent, prohibiting it, whether by itself, its servants, agents, employees, or whosoever, from:-
a) the Tarif Book 2025 in a manner that grants ICDs preferential treatment, implementing, and enforcing or otherwise giving effect to Clause 15.5 of over CFSS.
b) Enforcing or collecting shore-handling charges on containers, project cargo, loose cargo, or motor vehicles destined for or handled at CFSs.
c| implementing or enforcing the disputed tariff increases and the "Dirty Cargo Surcharge" pending the hearing and determination of this
application.
d) Implementing any future tariff adjustments affecting Container Freight Stations without proper consultation with affected stakeholders and
consideration of regional competitiveness factors.''
3)Leave be and is hereby granted to the Ex Parte Applicant to apply for an order of Prohibition directed to the Respondent, prohibiting it, whether by itself, its servants. agents, or any other person, from implementing of enforcing the provisions of the Tariff Book 2025 relating to storage charges in a manner that:-
a) Grants ICDs a longer free storage period of 15 days compared to only 5 days for CFs, despite both being recognised customs areas under law; and/or
b) Grants transit containers (to South Sudan, Uganda, Rwanda, Congo) preferential free storage periods of 5-15 days, while subjecting CFS-bound cargo to only 5 days free, thereby discriminating against CFSs and their clients.
4) Leave be and is hereby granted to file an application for the order for Mandamus compelling the Kenya Ports Authority to conduct proper stakeholder consultation, mpact assessment and cost-benefit analysis before implementing any tariff adjustments affecting dry bulk cargo operations.
5) Leave be and is hereby granted to the ex parte Applicant to apply for an order of mandamus directing the Kenya Ports Authority to align its tariff
structure with regional benchmark rates to maintain the Port of Mombasa''s competitive advantage as a regional trade hub
6) Leave be and is hereby granted to the Ex-Parte Applicant to apply to this court for an order of Mandamus requiring the Kenya Ports Authority to establish non-
discriminatory tariff structures that ensure equal treatment for all bulk cargo stakeholders, whether utilising conveyor or conventional charge methods.
7) The grant of leave shall operate as a stay of the Respondent''s decision contained in the Tarif Book 2025, pending the hearing and determination of the substantive Notice of Motion or until further orders of this Honourable Court.
In the meantime and in order to expedite the hearing and disposal of the substantive motion i hereby direct as follows:
1. The substantive motion shall be filed and served within 7 days of the date of this order.
2. The respondent shall file and serve its response to the motion within 7days of the date of service of the applicant''s motion.
3. The applicant''s submissions shall be filed and served within 7days of the date of service of the Respondent’s response.
4. The respondent’s submissions shall be filed and served within 7 days of the date of service of the applicant''s submissions.
5. Mention of the suit shall be on 1 October 2025.
Orders accordingly.
'
1. Leave be and is hereby granted to the Ex-Parte Applicant to apply for an order of Certiorari to remove into this Honourable Court and quash the decision of the Respondent to implement the new tariffs contained in the Kenya Ports Authority Reviewed Tariff Book 2025, including: -
(i) The provisions of Clause 15.5, which provide that "Imports and Exports handled at lnland Container Depots (ICDs) shall be charged 70% of the rates in Clauses I5.| 1o 15.4", without extending the same concession to Container Freight Stations (CFSs) ''''despite both being recognised customs areas under law.
(i) the introduction and /or extension of "shore-handling charges" to containerised cargo destined for or handled through CFSs, notwithstanding the Respondent''s own definition of "shore-handling" as limited to handling between the quay/jetty and transit sheds, warehouses, or stacking yards within the port.
(i)the decision by the Authority to implement the revised dry bulk stevedoring and wharfage rates.
(iv) The decision to introduce the "Dirty Cargo Surcharge" of USD 0.50 per metric tonne.
2) Leave be and is hereby granted to the Applicant to apply for an order of Prohibition directed to the Respondent, prohibiting it, whether by itself, its servants, agents, employees, or whosoever, from:-
a) the Tarif Book 2025 in a manner that grants ICDs preferential treatment, implementing, and enforcing or otherwise giving effect to Clause 15.5 of over CFSS.
b) Enforcing or collecting shore-handling charges on containers, project cargo, loose cargo, or motor vehicles destined for or handled at CFSs.
c| implementing or enforcing the disputed tariff increases and the "Dirty Cargo Surcharge" pending the hearing and determination of this
application.
d) Implementing any future tariff adjustments affecting Container Freight Stations without proper consultation with affected stakeholders and
consideration of regional competitiveness factors.''
3)Leave be and is hereby granted to the Ex Parte Applicant to apply for an order of Prohibition directed to the Respondent, prohibiting it, whether by itself, its servants. agents, or any other person, from implementing of enforcing the provisions of the Tariff Book 2025 relating to storage charges in a manner that:-
a) Grants ICDs a longer free storage period of 15 days compared to only 5 days for CFs, despite both being recognised customs areas under law; and/or
b) Grants transit containers (to South Sudan, Uganda, Rwanda, Congo) preferential free storage periods of 5-15 days, while subjecting CFS-bound cargo to only 5 days free, thereby discriminating against CFSs and their clients.
4) Leave be and is hereby granted to file an application for the order for Mandamus compelling the Kenya Ports Authority to conduct proper stakeholder consultation, mpact assessment and cost-benefit analysis before implementing any tariff adjustments affecting dry bulk cargo operations.
5) Leave be and is hereby granted to the ex parte Applicant to apply for an order of mandamus directing the Kenya Ports Authority to align its tariff
structure with regional benchmark rates to maintain the Port of Mombasa''s competitive advantage as a regional trade hub
6) Leave be and is hereby granted to the Ex-Parte Applicant to apply to this court for an order of Mandamus requiring the Kenya Ports Authority to establish non-
discriminatory tariff structures that ensure equal treatment for all bulk cargo stakeholders, whether utilising conveyor or conventional charge methods.
7) The grant of leave shall operate as a stay of the Respondent''s decision contained in the Tarif Book 2025, pending the hearing and determination of the substantive Notice of Motion or until further orders of this Honourable Court.
In the meantime and in order to expedite the hearing and disposal of the substantive motion i hereby direct as follows:
1. The substantive motion shall be filed and served within 7 days of the date of this order.
2. The respondent shall file and serve its response to the motion within 7days of the date of service of the applicant''s motion.
3. The applicant''s submissions shall be filed and served within 7days of the date of service of the Respondent’s response.
4. The respondent’s submissions shall be filed and served within 7 days of the date of service of the applicant''s submissions.
5. Mention of the suit shall be on 1 October 2025.
Orders accordingly.
'