Shipping containers at Kenya Port. | Courtesy.

A maritime logistics company has petitioned the Kenya Ports Authority in court for diverting all clearance of South Sudan-bound cargoes to only one private company.

Two weeks ago, the Kenyan Port Authority (KPA) directed that all goods coming to South Sudan shall pass through the Auto-ports, a private company for clearance.

The decision was opposed and termed as illegal by Got Nguge Enterprise, a Mombasa-based maritime company.

The company cited article 392 of the Kenyan Port Act, which prohibits the authority from consigning goods on behalf of persons to any place within and outside Kenya.

It claims the move will deny other players the chance to compete on equal front and the consignee the right to choose service providers.

Abdul Latif Ibrahim, one of the Clearance agents told Eye Radio, the illegal diversion of South Sudan-bound cargo to a private company has affected their work in the Mombasa port.

“We have gotten a message from the KPA that all cargo based to South Sudan to be cleared by one company, so we do not know how they have arrived at this sort of conclusion because normally we nominate where our cargo should go,” said the agent.

“There are quite a few CFS with whom we have some arrangements regarding the charges, but now they try to insert the powers which are not there to give all the work to Auto ports,” he added

Agent Abdul Latif Ibrahim has accused the South Sudan government of backing the order, which he said contravenes the Bill of loading.

“There was also an order from the South Sudan government that all cargo getting to South Sudan should only pass through that company, not even in Kenya port authority, is only that company Auto Ports,” he told Eye Radio.

The enterprise demanded that KPA withdraw the order or else it will swiftly seek court orders to both penal and civic jail for various offences under the country’s penal code.

It has also given the Kenyan Port Authority up to fourteen days to reconsider the move and revoke the decision.

South Sudan and Kenya governments are yet to respond to this matter.

Early this week, the National Chamber of Commerce accused the government of Kenya of imposing a new policy restricting road transporters to use the railway and ensure half loads – something doubling the initial tax fees.

Kenyan Transporters Association described the move as illegal and causing barriers on South Sudan cargo to Nairobi.

In a press release issued over the weekend, the association was seeking legal redress through lawyers on the new policy.

According to the association, the Kenya ports authority management and a few institutions in South Sudan have formed cartels to exploit cargos destined to Juba.