Building of ferry set to go on after orders quashed

Construction of a new second ferry meant to alleviate congestion of human and vehicle traffic at the Likoni channel will now proceed after the Court of Appeal set aside orders halting the exercise.

Appellate judges Alnashir Visram, Wanjiru Karanja and Martha Koome allowed an appeal by the Kenya Ferry Services challenging the decision of the High Court to issue an injunction restraining it from proceeding with the construction of MV Safari in Turkey.

The judges noted that they did not see any logic for stopping the construction of the second ferry because after completion it would be subjected to thorough tests and would not be released to the public if any defects are detected.

“The injunction was on a ferry whose construction had not even started. We hold the view that such an injunctive order was incorrect as the act it was supposed to forestall had not even started,” said Justice Visram who read the ruling on behalf of his colleagues.

The judges said the public needed the ferry to ease traffic at the channel as parties engaged each other in court.

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The government had paid a Turkish firm Sh2 billion for the construction of MV Jambo which was delivered in August last year and MV Safari whose construction was stopped.

Last year, High Court judge Eric Ogola stopped the Kenya Ferry Services from continuing with the construction of MV Safari pending hearing and determination of a petition by Bonriz Insurance Marine Surveyors Ltd.

Bonriz opposed the construction of the ferry by Turkish firm Ozata Tersanecik San Ve Tic Ltd on grounds that some materials being used were substandard and the vessel would endanger the lives of the users.

However, KFS through lawyer Nani Mungai said the speculation over threats of defects and safety measures was unwarranted.