April 23, 2008: The Government has appointed new board members to the Kenya Maritime Authority (KMA) even as several issues regarding the running of maritime affairs in the country continue to crop up.According to the Kenya Gazette notice 2192 of March 2008, Transport minister Chirau Ali Mwakwere directed that the changes take effect from January this year.
The new board members are Mr Sylvester Kututa, Mr Joshua Kituri, Mr Ahmed Mraja, Ms Benba Dena, Eng Justus Wambura and Mr Seif Bendera. The minister appointed the six to be board members for the next three years. Those replaced are Mr Meshallom Muthami, Lt-Col (rtd) Harjit Singh Kelley, Captain John Odhach, Captain Matata Nyakeya, Mr Ahmed Hamisi Suleiman and Dr Nyawira Muthika. Mr Kututa whose term has now been renewed for another three years had replaced Capt Odhach a year ago.
The fate of the chairman — whose term also expired in January — Colonel (rtd) Joseph Nguru is yet to be known as the Minister is yet to appoint a new chairman. However, Mr Kututa is widely expected to take over as the chairman. KMA, which is based in Mombasa, has a board of 15 members and five officers in senior management. And as the new board members take up their calling, maritime stakeholders are pushing for far reaching changes in the sector, which include doing away with the directorate of shipping and maritime affairs based in Nairobi.
According to stakeholders who sought anonymity, the office was rendered useless after KMA was established. The Government had established KMA to oversee maritime activities in the country that were under the Kenya Ports Authority (KPA). Its establishment in 2004 was intended to transform the country into a world-class maritime nation. The State also appointed maritime expert Nancy Karigithu, who is internationally recognised for her experience in maritime issues as the director-general of KAM. Prior to her appointment she was a practising maritime lawyer and took part in the formulation of new laws that saw the formation of KMA. However since its inception, the State corporation is yet to deal with teething problems which include the perceived two centres of power —KMA and the directorate of shipping and maritime affairs. Questions have been raised over the existence of the directorate yet KMA is the ultimate maritime decision maker. Shipping analysts have in the past urged the Government to disband the office, saying that its management was not well versed with maritime issues in the country. The smooth running of KMA affairs are further constrained by some legal issues which include the Merchant Shipping Act which shipping players want overhauled.
Experts says that implementation of International Standards in Shipping in the country is constrained by Section 312 of the Merchant Shipping Act 1967, which gives the Minister for Transport general superintendence over all matters relating to Merchant Shipping and Seafarers. Under Section 313, the Minister delegates this under the Act to the Merchant Shipping Superintendent (MSS), now KMA. And now the shipping stakeholder would be eagerly watching the ministry of transport, parliament and the new board of directors whether they would rise to the occasion and deal with these teething problems so that the sector could move forward.
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BUSINESS DAILY
Written by Anunda Nyarango
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