Juba, South Sudan,
June 30, 2021 – A Sri Lankan firm legally registered to operate in South Sudan has filed a lawsuit against the Director-General of Customs Service and South Sudan Embassy in Kenya over what it calls illegal termination of its operations at the Port of Mombasa by the two government agencies.
AA Global Logistics Ltd which has operated in South Sudan for years wants the unilateral decision by the local authorities through two subsequent letters dated April 29 and May 7, to terminate its operation at the Port of Mombasa rescinded since it lacks a legal basis.
AA Global Logistics Ltd, which also named Kenya Ports Authority as an interested party described the decision to terminate its operation by the South Sudanese authorities as “high-handed and capricious”.
“To terminate the applicants’ operations is flawed in law for lack of any legal basis to warrant the termination,” AA Global Logistics Ltd said in an application seen by Nyamilepdia as it seeks to institute a legal proceeding to overturn the decision.
AA Global Logistics is being represented by Justice John Onyiego who certified the court application by the company as urgent.
The logistics company, through Kirui Kamwibua & Company Advocates, says the respondents abused their enormous political power and acted in bad faith.
“The respondents are abusing their powers by acting at whims without any tangible or cogent explanation for their actions against the applicant,” AA Global Logistics argues in a statement seen by Nyamilepedia.
Mr. Zabadayo Kuol, the company’s director said in a supporting affidavit that AA Global Logistics is fully compliant with all the requirements pertaining to the company operations in South Sudan.
In an ironic turn of events, Mr. Kuol says his company was appointed by the respondents as a clearing company and thereafter entered into an agreement with the two companies to execute its mandate.
The company’s director says that there has been no complaint against the firm since it began its operations in 2019.
“The applicant (company) wrote to the respondents requesting them to rescind their decision as there was no justification for their unilateral decision which amounted to open discrimination, however, the letters elicited no response,” Kuol says.
The director adds that although the company is a South Sudanese entity and the respondents are agents of the South Sudan government, its operations are guided by the Northern Corridor Transit and Transport Agreement which treats member states, among them South Sudan, as a single customs territory, thus the jurisdiction of the court.
“The respondents’ actions are very high-handed, capricious, abuse of power and executed without any lawful cause thus this court ought to intervene and stop their (respondents) actions,” Mr. Kuol states.