CFSs lose battle over KPA's revised tarrif book

Petitioners sought to compel KPA to undertake meaningful stakeholder consultation, impact assessment, and cost-benefit analysis before introducing or revising tariffs...
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The High Court in Mombasa has dismissed a petition by the Container Freight Stations (CFS) Association of Kenya, refusing to quash the Kenyan Ports Authority (KPA) Revised Tariff Book 2025. This decision allows KPA to continue implementing tariffs that provide preferential treatment to Inland Container Depots (ICDs) over privately owned CFSs.
The petition, led by Association Chief Executive Daniel Nzeki, argued that Clause 15.5 of the revised tariff book unfairly disadvantages CFSs by offering better storage and handling charges to ICDs.
Justice Jairus Ngaah ruled that there was sufficient public participation and that the Tariff Book 2025 exercise was valid, despite not incorporating all of the association's recommendations.
Nzeki sought to compel KPA to undertake meaningful stakeholder consultation, impact assessment, and establish non-discriminatory tariff structures, but the court found no merit in these grounds for judicial review.
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