The High Court has halted the Kenya Ports Authority’s (KPA) plan to introduce new tariffs from Monday, pausing changes that the State agency had projected would boost revenue.
The suspension came after the Container Freight Station Association of Kenya filed a case challenging the new rates.
While issuing the orders, Justice Jairus Ngaah explained that the decision would stand until the matter is fully heard.
“The grant of leave herein does operate as a stay of the respondent’s decision contained in the Tariff Book 2025 pending hearing and determination of the substantive notice of motion,” Justice Ngaah said.
KPA published the Tariff Book 2025 in August to replace rates that have remained unchanged since 2012.
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The review touched a wide range of services, including ship dues, marine operations, storage, wharfage, stevedoring and shore handling.
Among the contentious revisions was a rise in trucking fees at the Mombasa port from Sh3,000 to Sh15,000, together with the introduction of an annual licence fee of Sh38,772 for clearing and forwarding agents.
The freight station lobby has asked the court to strike out clause 15.5 of the new tariff book.
It argues that the clause creates preferential treatment for inland container depots at the expense of container freight stations, even though both are recognised as customs areas under the East African Community Customs Management Act.
The association is also opposing the addition of shore handling charges on CFS cargo, higher wharfage and stevedoring fees, and the creation of a “dirty cargo surcharge.”
KPA, in defending its move, said the adjustments fall within its legal mandate.
In its notice, the authority stated, “These charges shall apply equally to all port users, including and not limited to shipping lines/agents, cargo agents, charterers, brokers, freight forwarders, consolidators, shippers, or consignees."
Stakeholders in the transport sector have voiced concerns over the increases, saying they would place an extra financial burden on regional trade. Kenya
Transporters Association chairman Newton Wang’oo criticised the sharp rise in port pass fees.
“The increment will not only affect Kenyan trucks but also other East African transporters who have other options for taking their trucks. We have Dar es Salaam right on our doorstep, and it can be another option,” Wang’oo said.
The introduction of a Sh38,772 yearly operations licence has also drawn objections from clearing and forwarding agents, who argue that the fee is illegal given their existing licensing by the Kenya Revenue Authority.
The case now awaits further hearings, leaving port users uncertain about whether the contested Tariff Book 2025 will eventually be implemented or struck out.