The State suffered a blow after the Supreme Court declined to grant orders they sought in a case in which they had asked the court to strike out a petition by three businessmen who are challenging a take-or-pay agreement by the Kenya Ports Authority and Kenya Railways Corporation.
In their judgment, the supreme court judges Chief Justice David Maraga, his deputy Philomena Mwilu, Justice Njoki Ndungu, Smokin Wanjala and Mohamed Ibrahim ruled that they lack the jurisdiction to entertain appeals from interlocutory decisions.
William Odhiambo, Asha Mashaka Omar and Gerald Lewa Kiti filed a petition at the high court in Mombasa challenging a take-or-pay agreement.