Three Court of Appeal judges, Wanjiru Karanja, Alnasir Visram and Martha Koome, in Mombasa have withdrawn from a case challenging the management of the Mombasa Port.
The Mombasa judges recused themselves from the case following an application that called for their withdrawal on grounds that the county government was dissatisfied with their previous ruling.
The case is seeking a determination on whether the case on Mombasa Port should be heard by the court or a special inter-governmental committee.
The judges now want Chief Justice David Maraga to put together a bench to hear the case.
The matter moved to the Court of Appeal after a five-judge bench of the High Court in Mombasa ruled that the case on management of the Port should be ruled by the court as opposed to a special committee.
This was after three Mombasa residents, William Ramogi, Asha Omar and Gerald Kithi , filed a petition seeking to have the management of the port of Mombasa handed to the county government.
The petitioners through their lawyer Nyambura Kihoro wants the county government to have the mandate to regulate the port.
It is noted that the case is weighty as it pits the national and county governments against each other in the management of key economic institutions.
Other institutions that will be affected by the ruling are state-owned companies like East African Portland Company and Kenya Meat Commission that are situated in Kajiado and Machakos counties respectively.
Through their lawyer, the petitioners have listed the Attorney-General, the Cabinet Secretary in Transport and Infrastructure, Kenya Ports Authority and the Kenya Railways corporation. as respondents.