REFERENCE NO. 58 OF 2025 AHEEBWA ROGERS MUSIIME & 2 OTHERS v. THE REPUBLIC OF KENYA, THE ATTORNEY GENERAL OF KENYA, THE KENYA REVENUE AUTHORITY & THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

The Applicants allege that the 1st, 2nd, and 3rd Respondents’ acts, omissions, and administrative policies including the imposition of excessive and discriminatory port charges, mandatory routing of transit cargo through designated inland container depots (ICDs), and systemic customs delays are unlawful infringements on Articles 6(d), 7(1), 75, 76, and 89 of The Treaty for the Establishment of the East African Community, as well as the Common Market Protocol, the Customs Union Protocol, and international protections under UNCLOS.

The Applicants specifically contend that by applying these restrictive measures and “other charges of equivalent effect” to goods transiting to and from Uganda through the Port of Mombasa, the Respondents have created unjustifiable non-tariff barriers, engaged in discriminatory practices against a land-linked Partner State, and caused significant inflationary pressure on essential commodities for Ugandan consumers. Furthermore, the Applicants allege that the 4th Respondent has failed in its mandatory duty to monitor and ensure Treaty compliance.