Appellate judges Alnashir Visram, Wanjiru Karanja and Martha Koome said Likoni Channel is part of the international waterways, which the Constitution assigned to the national government.
The Kenya Ferry Services (KFS) filed a petition at the High Court after the county government forcefully took over the management of the facilities and started collecting revenue.
The county government of Mombasa has lost an appeal against a decision requiring it to pay Kenya Ferry Services (KFS) millions of shillings as compensation for lost revenue from vehicles using its landing facilities and termini.
The Court of Appeal also directed the county government to hand over operations and management of matatu termini, business stalls and advertising media space to KFS within the next two weeks.
Appellate judges Alnashir Visram, Wanjiru Karanja and Martha Koome said Likoni Channel is part of the international waterways, which the Constitution assigned to the national government.
On management of the parking bays and other properties on either side of the channel, the court noted that it was not in dispute that they are on parcels of land owned by KFS, which has the capacity to own property.
“The KFS is entitled to any revenue generated from those properties subject to any licences or permits the appellant is authorised to levy on them,” said the judges.
KFS filed a petition at the High Court after the county government forcefully took over the management of the facilities and started collecting revenue.
Justice (Rtd) Anyara Emukule ruled in favour of KFS forcing the county government to appeal against his decision.
The appellate judges noted that there was no evidence to suggest that the county was more efficient than KFS in managing the ferries.
“On the contrary, without saying much, we are of the view that the appellant’s (county government) hands are full with more mundane but equally important functions like maintaining county roads and the management of ever soaring mounds of garbage,” ruled the judges.
In its appeal, the county government faulted Justice Emukule’s decision for finding that Likoni Channel was open sea thus a shipping route.
The county government also argued that the Ferries Act does not give KFS the mandate to undertake functions of ferries, advertisement and regulation of market stalls.
The KFS opposed the appeal saying it is the only institution that is mandated to provide ferry services at the channel and not the appellant.
It also said that operation of the Likoni ferries is a function of the national government and not county government unless transferred as provided for under the Constitution.
The High Court had declared that KFS right to the protection of its property held by law and protected from arbitrary deprivation by the county government was breached.
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