Raila, MPs accuse State of intimidation over closure of Joho family companies

CORD leader Raila Odinga and six Members of Parliament have accused the government of bullying the Opposition.

They faulted the closure of two container freight stations (CFS) owned by Mombasa Governor Hassan Joho’s family and blamed it on political machinations.

In a statement, Raila claimed the businesses were closed because the governor told off President Uhuru Kenyatta during his recent tour of the Coast region. He blamed the Executive of taking revenge against the Opposition governor.

“About a week ago, the governor stood up against the bullying tactics being employed by the National Executive particularly to governors from the Opposition. This well-intended challenge to the presidency, which has the backing of the Constitution, was certainly not received well by the National Executive. Revenge was sure to follow and it has.

Yesterday, the government shut down two CFS belonging to Joho’s family. Kenya Ports Authority Managing Director  Gichiri Ndua gave no reasons for closing the facility,” said Raila.

The MPs demanded that the firm’s management be given an opportunity to defend themselves against any accusations. The MPs—Rashid Bedzimba (Kisauni), Mishi Mboko (Mombasa), Abdulswamad Nassir (Mvita), Omar Mwinyi (Changamwe), Zuleikha Hassan (nominated) and Badi Twalib (Jomvu) —linked the closure to alleged political differences between the president and the governor.

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Regulated by institutions

But State House said Kenyatta had nothing to do with the closure of the business.

“As usual, Raila has delved into matters that are not his mandate and for which he has no full knowledge. Businesses are regulated by institutions recognised by the Constitution and the law,” said a statement by the Senior Director of Public Communication at State House, Mr Munyori Buku.

State House said the regulators have the “singular duty to determine their operations.” “We advise him (Raila) to spend more time preparing to defend the suits facing him following the Eurobond falsehoods,” added the statement.

In his statement, the CORD leader said the new development was worrying as it indicates the return of political intimidation and blackmailing only witnessed during Kenya’s dark days.

The closure of the business comes in the wake of differences between the governor and the President at Likoni during the issuance of title deeds to squatters who have been living on Waitiki land. The Governor has told the residents not to pay a single cent to the government for the Waitiki farm. (see separate story).

On January 21, Kenya Ports Authority (KPA), without giving reasons, barred the two CFS from receiving goods from the port. But Justice Dorcas Chepkwony suspended the decrees on January 25 and ordered KPA to provide reasons for its actions in 21 days.

On Thursday KRA agents descended on the two premises and placed seals on gates declaring that their licence had been withdrawn due to the recent discovery of undeclared sugar in their custody. KRA released a statement saying that a decision had been made to suspend the two firms’ operations as Customs Bonded Cargo Handling facilities.

“...we are also investigating another substantial number of cases where cargo passing through your facility and entered as goods in transit to neighbouring countries never exited Kenya,” said a statement from KRA.

Addressing the more than 1,200 workers outside Autoports Freight Station in Mombasa yesterday, the MPs said the closure was politically motivated. At the station hundreds of containers destined for the local and South Sudan markets can’t be released.

Kisauni MP claimed that “the closure of the business is political adding that besides ignoring the court order, KRA appeared to have “received orders from somewhere to close the business.”

Mombasa County MP Mishi Mboko claimed that KPA and KRA were interfering with private firms to cover up failures at the port and questioned why no one had been held to account at the port for ivory seizure. She claimed that KRA could not flout a court order or operate as if  “it is receiving Executive orders from a parallel Judiciary.”

She said that Joho’s relatives should not be persecuted over the governor’s political differences with the president and Jubilee.

“If Governor Joho’s relatives have formed companies, they should not be persecuted or targeted,” Mishi said as the Changamwe MP  argued that the decrees by KRA and KPA showed that Kenya under Jubilee is rapidly losing its reputation as a nation governed by the rule of law.

“Kenya is being pressurised by some forces,” Mr Mwinyi claimed and accused the ruling coalition of trying to intimidate the opposition through economic sabotage.

“Our role as the opposition is not to go to bed with the ruling regime because we are not ready to be stooges,” he said and accused KRA and KPA of being used by the state to foment chaos and disharmony.

“The reason for the closure is political and we urge Governor Joho not to relent or feel intimidated,” said Ms Hassan who claimed that economic pressure was being applied on Joho’s relatives “because of the political direction we have taken”.

Mr Nassir and Mr Twalib claimed that Jubilee was behind the actions by KRA and KPA.

No notice

The managing director of Portside Freight Terminals Limited Hamid Salim Sadru confirmed on Thursday that KRA officials descended on the premises and sealed the gates of the company without giving a notice.

“We are not in a jungle state where one wakes up in the morning and closes one’s business without being given notice and reasons for such action,” said Salim.

He accused KPA of acting unilaterally to withdraw the CFS’ licences to receive freight/cargo and accused the two state corporations of trying to orchestrate propaganda to distract attention from the many failures at the customs, police and other departments at the port.

Autoports Freight Terminal, which was opened two years ago, and Portside Freight Terminal that has been operating for 12 years jointly, employ 1,200 workers. They both handle business estimated at Sh2 billion per year. By yesterday Portside Freight Terminal officials reported that 1,020 containers and 54 cars were still held at the CFS.

The ODM leaders declared that the two CFS’ were targeted because they are closely associated with Joho and cited a KRA statement of January 15 which named other CFS’ including Focus and Mombasa Island Container Terminal, besides Autoports and Portside after the discovery of undeclared sugar worth Sh56 million, but which were, apparently, not affected by KPA’s and KRA’s decrees.

Whereas the January 15 statement said containers with the sugar “were for discharge” at these CFS’ Thursday’s statement, stated the facilities “handled...the contraband sugar”.