Wamuzi News Ke
In a verdict that has surprised and unsettled key players in Kenya’s maritime sector, a High Court has dismissed the Kenya Ships Agents Association’s (KSAA) petition seeking to block enforcement of the Merchant Shipping Regulations, 2024, championed by Cabinet Secretary Hassan Joho. Justice Olga Sewe ruled that the claims challenging the regulations as unconstitutional and ultra vires were baseless, giving full legal backing to Joho’s sweeping shipping reforms.
What the Court Found
Justice Sewe’s decision was scathing in its rejection of the KSAA’s arguments. The court held that:
- The regulatory process was “transparent and participatory”, including public input and published feedback that KSAA itself was invited to submit and review.
- KSAA’s claims that the rules exceeded the powers conferred on the Cabinet Secretary under the Merchant Shipping Act (2009) were dismissed as speculative and unsubstantiated.
- The tariff framework challenged by KSAA was not a statutory instrument requiring strict formalities, but merely a guideline for maritime transport operators, and thus not subject to the same legal constraints.
- The court affirmed that oversight and review of regulatory decisions remain available, preserving checks and balances.
In short, Joho’s merchant shipping rules survived the legal test — at least for now.
What These Regulations Do
The Merchant Shipping Regulations, 2024 encompass multiple areas central to maritime operations, including:
- Maritime labour and sea crew standards
- Transport operator licensing and compliance
- Load line rules and tonnage measurement
- Rules of navigation and collision prevention
- Recognition of third-party organisations involved in ship certification
KSAA had argued these rules would impose onerous requirements on ship agents, increase operating costs, and encroach on long-standing industry norms and investments.
Industry Reaction & Immediate Fallout
The ruling injects both relief and uncertainty into Kenya’s maritime sector:
- Companies that had stalled investments pending legal clarity may now proceed — but with caution, awaiting possible appeals.
- Skeptical shippers and agents will closely scrutinize compliance requirements, especially the tariff guidelines and enforcement mechanisms baked into the new regulations.
- KSAA’s legal defeat may push it and industry players to alternate strategies — political lobbying, legislative amendments, or appeals to higher courts.
