Legal Battle: KPA and Mombasa County clash over new port garbage collection policy

KENYA – The Kenya Ports Authority (KPA) and the County Government of Mombasa are currently engaged in a legal battle regarding garbage collection from ships docking at the Port of Mombasa.

The issue stems from the Mombasa County Solid Waste Management (Amendment) Act, 2023, which empowers the county government to impose charges for solid waste management services provided to vessels.

Businesswoman Ruwaida Hussein has challenged the constitutionality of Section 42A of the Act, claiming that it violates both the Kenyan Constitution and international agreements, particularly the International Convention for the Prevention of Pollution from Ships (MARPOL).

Hussein argues that the Act allows the county government to levy fees without a proper waste management framework in place, as required by MARPOL.

Hussein further contends that the KPA’s undated notice, which directs the levy and collection of charges on behalf of the county government from ships docking at the port, is both unlawful and vague.

She asserts that this action could undermine Kenya’s adherence to international environmental obligations.

This legal challenge follows a prior dispute in which the Kenya Ships Contractors Association (KSCA) contested the county government’s decision to revoke licenses granted to its members, who were authorized to collect garbage from ships.

In this case, the High Court in Mombasa ruled in favor of maintaining the status quo, allowing the garbage collection operations to continue despite the county’s actions.

The ongoing legal proceedings have significant implications for waste management at the Port of Mombasa.

The court’s ruling will shape the legal framework for garbage collection from vessels, balancing the county government’s authority to manage waste within its jurisdiction with the need to comply with international environmental standards.

As the case unfolds, maritime and environmental stakeholders are closely monitoring the situation, given its potential impact on port operations and environmental compliance.

In related news, a report by the Haki Yetu Organisation has highlighted the existence of over 74 active illegal dumpsites in Mombasa County, with the highest concentration in Likoni and Kisauni Sub-Counties.

During the launch of the “Garbage and Health: The Dilemma of Illegal Dumping of Solid Waste in Mombasa County” report, Executive Director Peter Kiama noted that many of these illegal dumpsites are situated within residential areas, particularly affluent estates, contributing to insecurity, health hazards, and environmental damage.

The report also revealed that Mombasa County generates approximately 890,174 kilograms of solid waste daily, equating to about 325 tonnes annually.

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