The High Court has barred a company associated with the family of Cabinet Secretary Hassan Joho from transporting cargo to South Sudan.
Justice Christopher Ndolo Mutuku issued the order after finding that the company had failed to effectively execute its mandate in handling and processing cargo destined for South Sudan.
In his ruling, Justice Mutuku directed the Kenyan government to comply with a request from the South Sudanese government to suspend cargo transportation arrangements involving Autoport Freight Terminal, owned by the Joho family, and Compact Freight Systems Limited, owned by businessman Sam Kairu, which was handling 20 per cent of the cargo.
Justice Mutuku noted that the firms’ failure to fulfill their responsibilities had strained relations with the appointing authority.
This, he warned, could lead to the cancellation of their appointment, thereby infringing on the applicants’ constitutional right to livelihood.
“The lives and interests of the needy and marginalised people of South Sudan, particularly regarding access to essential cargo such as food and medicine, are paramount considerations. These concerns compel this honourable court to intervene and ensure that there is no disruption in the cargo processing and supply chain, and that no lives are unnecessarily lost due to bureaucratic hiccups,” stated Justice Mutuku.
The latest court intervention follows a June 16, 2025, letter from the South Sudanese government to Kenya’s Cabinet Secretary for Roads and Transport, David Chirchir, notifying him of the decision to cancel the cargo allocation agreement.
“We hereby formally notify your esteemed office (CS Transport) of our decision to cancel the previous cargo allocation arrangement issued by our Ministry, which had assigned 80 per cent of South Sudan-bound seaborne cargo to Autoport CFS and 20 per cent to Compact Freight Systems. This has led to bottlenecks and a notable cargo auctioning incident, adversely affecting commercial and sensitive consignments, including United Nations shipments,” the letter stated.
South Sudan’s Transport Minister Lam Akol, explained that the allocation to the two firms had caused logistical bottlenecks and a cargo auctioning incident, which negatively impacted vital consignments.
“Following extensive consultations and reviews with relevant national stakeholders, we have determined that the previous allocation model is no longer suitable, given the current logistical landscape and strategic direction, particularly in light of the ongoing development of the Naivasha dry port, intended to serve as the primary clearance hub for South Sudan-bound cargo,” Dr Akol said.
In his ruling, Justice Mutuku emphasized the urgency of maintaining uninterrupted cargo handling operations.
“There is an urgent need to safeguard the most vulnerable members of society through an interim measure of protection in the form of a mandatory injunction, aimed at ensuring consistent and effective cargo handling as requested by the recipient country,” he ruled.
