The Environment and Land Court in Mombasa has issued temporary orders preventing Kenya Railways Corporation from forcibly taking over the premises of Kencont Logistics Services Limited’s Container Freight Station (CFS) in Mbaraki, Mombasa.
KRC claims that Kencont – a firm linked to the late former President Daniel Moi – is illegally occupying a section of its 22-acre plot of land.
Boss Freight CFS, another freight company, also faces potential eviction.
Tensions escalated on Friday night when KRC officials, accompanied by armed police, stormed the property and marked the perimeter wall with large ‘X’ signs, indicating potential demolition.
On Saturday afternoon, KRC returned with increased force, including five police vehicles, a tractor, three lorries and an excavator.
Kencont officials, led by group legal manager Eva Odongo, physically blocked the machinery at the main gate by forming a human barricade.
The standoff intensified around 4am on Sunday when KRC personnel and police returned under the cover of darkness.
They forcibly broke into the premises of both Kencont and Boss Freight, cut padlocks, locked the gates with heavy metal chains and placed scrap railway tracks at the entrances to prevent access.
Private security guards were also deployed.
Kencont responded by filing an urgent court application seeking an injunction against the takeover.
On Monday, the Environment and Land Court granted a temporary order barring KRC from interfering with Kencont’s operations. The case will be heard in full on July 1.
Justice James Olola issued the directive, stating: “I have seen the Notice of Motion dated May 17, 2025, filed under a Certificate of Urgency. I am satisfied that the matter is urgent and warrants immediate intervention.”
“Accordingly, I hereby issue an order as sought under Prayers 1 and 2 of the Motion on a temporary basis. The application shall be heard inter partes on July 1, 2025.”
Odongo said the company was forced to seek court intervention after KRC attempted to demolish a perimeter wall and evict them without notice. She maintains that Kencont holds valid lease agreements and operates on land owned by landlords who possess legitimate title deeds.
“Kencont CFS is not an illegal occupant. We have operated at this site since 2002 and our lease agreements are above board. The landlords pay land rates regularly and we possess all the legal documents,” Odongo said.
She questioned why KRC was targeting Kencont instead of addressing the matter directly with the landowners.
“If KRC has an ownership dispute, they know who the landlords are. Why harass the tenants who have no control over the land title? Neither we nor the landlords have received any formal notice. This blatant disregard for procedure is alarming,” she added.
But Kenya Railways disagrees, saying it holds the original and valid title deeds to the land.
A senior official from the corporation, who wished to remain anonymous, defended the move as part of a broader initiative to reclaim public land.
“We are on a mission to recover illegally acquired land. We have all the legal documents and title deeds to prove ownership. Any aggrieved party is free to seek legal redress,” the official said.
Kencont CFS handles a significant volume of cargo for both domestic and regional markets, including Uganda, Rwanda, and South Sudan.
The facility also hosts key government agencies such as the Kenya Revenue Authority, Kenya Bureau of Standards, anti-radiation units and the National Transport and Safety Authority.
by CHARLES MGHENYI
