The Standard ­ Thursday
Date: 17.12.2015
Page 18
Article size: 225 cm2
ColumnCM: 50.0
AVE: 120000.0
County to
seize control of harbours, ferries
By PATRICK BEJA
Last month, TA Chairman
The county assembly unan­ from ferries and harbours in­
imously passed the controver­ to our next budget. This is the Kinuthia Wamwanngi warned
sial Ferries and Harbours Bill, kind of revenue that we had that county governments
2014, last evening.
been denied for years owing to could not manage ferries be­
cause it was not a devolved
As a result, the county gov­ lack of a legislation.
ernment will take charge of fer­
We will be collecting a levy function.
ries and harbours next month. even from fishing vessels and
STOP INTERFERING
The Transition Authority (TA) hence benefit the people of this
Mr Wamwanngi told the
had sent an advisory saying county immensely from the
that ferries fall under the na­ proceeds of the sea, which is Mombasa County govern­
tional government and that the their natural resource," Thoya ment to stop interfering with
the running of the Kenya Fer­
county government could only said.
He said those unsatisfied ry Services (KFS) because it
get involved in ferry operations
with the enactment of the law did not have the mandate to
after seeking TA's approval.
Yesterday, county assem­ could seek court interpreta­ do so.
"No county has the pow­
bly committee on Public Works tion of functions under the
and Transport Chairman Amir Fourth Schedule and Consti­ er to run ferries. That man­
Thoya, who tabled the bill, said tution. Under the new law, the date lies with the national
government because it is not
ferries and harbours should
county government seeks to li­
fall under counties as provid­ cense ferrymen and charge and a devolved function under the
ed for under part two of the collect ferriage at rates that it Fourth Schedule. It is uncon­
stitutional for counties to take
Fourth Schedule and that they would deem proper.
up functions that are not de­
would not beg TA to reclaim
"The department of trans­
what constitutionally belongs port may establish ferries over volved under the Constitu­
tion," Wamwangi said.
to the county government.
harbours, bays, rivers and
He explained that the
creeks within the county and
TAKEN HOSTAGE
Likoni Ferry Service was part of
agree with and grant licenc­
"The Constitution is su­ es to ferrymen on one or both the national highway and the
preme and therefore we can­ sides thereof under such regu­ Mombasa County government
has no role in the operation.
not be intimidated or taken
lations and at such rates of fer­
hostage by TA. It is clear under riage as by the department are SUPREMACY BATTLE LOOMS OVER PROPOSED LAWS
Schedule Four that ferries and
harbours are devolved func­
established," the bill reads.
• Last week, the assembly passed a bill seeking to collect
Under the legislation, no
tions," Mr Thoya said.
vessel shall carry passengers revenue from the Port of Mombasa
According to MCAs, the within harbours unless it holds
county government would col­ a permit issued by the county • The Mombasa County Port Authority Bill, 2014 was
unanimously passed and awaits assent of the governor
lect a fee for all vessels that are
anchored within the county department of transport.
The permit may be revoked • Despite stiff opposition from the national government
waters when the bill becomes
or suspended in the interest of and the Transition Authority (TA) the local county assem­
law.
The county government safety or for the good manage­ bly passed the bill in a bid to assert authority over assets
would do this by establish­ ment or operation of the har­ the national government claims
ing the office of the harbour
master, which will authorise
the movement of vessels with­
in the harbours. The harbour
master would be able to direct
the master or owner of a vessel
to moor or move.
"We will factor revenues
bour as well as breach of the
conditions under the Act.
The bill also seeks powers
to compel the master or owner
of vessel, other than a fishing
vessel, to report the tonnage
and draft on arrival before the
harbour master assigns berth
to the ship.
• If enacted, the laws could put Governor Hassan Joho's
government at loggerheads with the national govern­
ment and State agencies that run these facilities and
resources
• County Executive for Transport Tawfiq Balala said that
ferries are a devolved function
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