Three judges will now determine if the port of Mombasa should be run by the county or the national government.
High Court Judge Eric Ogola on Tuesday referred an application by three residents, seeking to have Mombasa County take charge of the management and operations of the port, to Chief Justice Da-vid Maraga to form a bench of not less than three judges to hear it.
Justice Ogola said the case raises substantial questions of law which needs an odd number of judges to preside over.
The petitioners, Mr William Ramogi, Ms Asha Omar and Mr Gerald Kiti, say their petition will help clear up who has mandate over regulation, management and operations at the port.
They want the National Government to play a mere regulatory role.
“The petition is complex in nature and raises matters that are of public interest and national importance,” said their lawyer Nyambura Kihoro.
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