Geza Ulole
JF-Expert Member
- Oct 31, 2009
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Nairobi has absolutely nothing to gain from antagonising Uganda
Kenya Revenue Authority and Ministry of Transport officials witness the offloading of the first cargo load at the Naivasha Inland Container Depot last year. FILE PHOTO | NATION MEDIA GROUP
Summary
By KENNEDY CHESOLI
More by this Author
The government’s attempt at coercing Uganda into railing its cargo and using the new Naivasha inland container depot (ICD) are misguided. Giving the directive last month, Transport Cabinet Secretary James Macharia cited the need to contain Covid-19 and gave a 10-day ultimatum.
Responding to a letter from Kampala, Head of Public Service James Kinyua reiterated the position and gave no option.
TRANSIT TRAFFIC
This could be in violation of Article 11 of the Trade Facilitation Agreement of the WTO. A signatory, Kenya is obligated to ensure regulations, formalities, procedures and controls on traffic in transit do not unnecessarily restrict trade.
The article also encourages the setting up, where practicable, of separate physical infrastructure like separate berths, lanes and corridors to aid transit traffic.
There are legal and financial ramifications that Kenya may have failed to contextualise. In their protest letter to the Kenya Ports Authority (KPA), Mukwano Industries (U) Ltd pointed out contractual carriage obligations between shippers, consignees and shipping lines.
They wondered how, with Mombasa as their point of discharge and haulage is ascribed on consignees’ risk and account, such a weighty decision could be made without consultation and consent.
The United Nations High Representative for Least Developing Countries, Landlocked Developing Countries and Small Island Developing States has previously acknowledged that transit transportation in East Africa was relatively well regulated and coordinated.
Activities and deliberations of the Mombasa-based Northern Corridor Transit and Transport Coordination Authority have been held up as fine examples for intergovernmental mechanisms in this space.
BREAK EVEN
Surprisingly, the government did not lobby its partners through this or other mechanisms. The SGR and ICD are national projects that would require more cargo to break even but we should discharge their costs without compelling our neighbours to chip in.
With Malaba designated as a One-Stop Border Post (OSBP), it has become a major traffic chokehold with trucks seeking to cross into Uganda stretching some 100 kilometres.
OSBP is aimed at eliminating the daily border crossing hurdles by means of an efficient system that embraces all border procedures — such as Customs, immigration and vehicular clearance. Some will read mischief in the unfolding nightmare. But this could also indicate our continued decline as a regional leader.
Kenya’s response to the Covid-19 pandemic is wanting. We have conducted fewer tests than both Uganda and Ethiopia. For every million people, Djibouti, Rwanda and Uganda have carried out more tests than us. Tanzania and Uganda have even publicly questioned the veracity of our tests and samples.
The increasingly large number of drivers showing up at the border positive prompted Kampala to call for the testing of all truck crews from Kenya.
Forcing truckers to remain on the highway for weeks without the necessary ancillary facilities is bound to spawn new challenges. The Western media is using the crisis to reinforce its narrative that Africa is the epitome of poor governance, incompetence and corruption.
The delays also pose serious financial implications to traders. It compounds the disadvantages landlocked countries face — including delays and high transit and transport costs. It is in Kenya’s interest to speedily resolve this problem as further delays would put the population at higher risk of the coronavirus.
As Kenya continues to cut an image of a pushy, arrogant and incompetent transit partner, Tanzania is positioning itself as a viable alternative.
Already, there are ongoing oil pipeline project to link Dar es Salaam to Uganda and South Sudan. Unless we change course, our neighbours could all opt for Tanzania’s SGR, rendering the Lamu port, SGR and Naivasha ICD white elephant projects.
Mr Chesoli is a New York-based development economist and global policy expert. kenchesoli@ gmail.com @kenchesoli
Nairobi has absolutely nothing to gain from antagonising Uganda
Kenya Revenue Authority and Ministry of Transport officials witness the offloading of the first cargo load at the Naivasha Inland Container Depot last year. FILE PHOTO | NATION MEDIA GROUP
Summary
- Kenya is obligated to ensure regulations, formalities, procedures and controls on traffic in transit do not unnecessarily restrict trade.
- We have conducted fewer tests than both Uganda and Ethiopia.
By KENNEDY CHESOLI
More by this Author
The government’s attempt at coercing Uganda into railing its cargo and using the new Naivasha inland container depot (ICD) are misguided. Giving the directive last month, Transport Cabinet Secretary James Macharia cited the need to contain Covid-19 and gave a 10-day ultimatum.
Responding to a letter from Kampala, Head of Public Service James Kinyua reiterated the position and gave no option.
TRANSIT TRAFFIC
This could be in violation of Article 11 of the Trade Facilitation Agreement of the WTO. A signatory, Kenya is obligated to ensure regulations, formalities, procedures and controls on traffic in transit do not unnecessarily restrict trade.
The article also encourages the setting up, where practicable, of separate physical infrastructure like separate berths, lanes and corridors to aid transit traffic.
There are legal and financial ramifications that Kenya may have failed to contextualise. In their protest letter to the Kenya Ports Authority (KPA), Mukwano Industries (U) Ltd pointed out contractual carriage obligations between shippers, consignees and shipping lines.
They wondered how, with Mombasa as their point of discharge and haulage is ascribed on consignees’ risk and account, such a weighty decision could be made without consultation and consent.
The United Nations High Representative for Least Developing Countries, Landlocked Developing Countries and Small Island Developing States has previously acknowledged that transit transportation in East Africa was relatively well regulated and coordinated.
Activities and deliberations of the Mombasa-based Northern Corridor Transit and Transport Coordination Authority have been held up as fine examples for intergovernmental mechanisms in this space.
BREAK EVEN
Surprisingly, the government did not lobby its partners through this or other mechanisms. The SGR and ICD are national projects that would require more cargo to break even but we should discharge their costs without compelling our neighbours to chip in.
With Malaba designated as a One-Stop Border Post (OSBP), it has become a major traffic chokehold with trucks seeking to cross into Uganda stretching some 100 kilometres.
OSBP is aimed at eliminating the daily border crossing hurdles by means of an efficient system that embraces all border procedures — such as Customs, immigration and vehicular clearance. Some will read mischief in the unfolding nightmare. But this could also indicate our continued decline as a regional leader.
Kenya’s response to the Covid-19 pandemic is wanting. We have conducted fewer tests than both Uganda and Ethiopia. For every million people, Djibouti, Rwanda and Uganda have carried out more tests than us. Tanzania and Uganda have even publicly questioned the veracity of our tests and samples.
The increasingly large number of drivers showing up at the border positive prompted Kampala to call for the testing of all truck crews from Kenya.
Forcing truckers to remain on the highway for weeks without the necessary ancillary facilities is bound to spawn new challenges. The Western media is using the crisis to reinforce its narrative that Africa is the epitome of poor governance, incompetence and corruption.
The delays also pose serious financial implications to traders. It compounds the disadvantages landlocked countries face — including delays and high transit and transport costs. It is in Kenya’s interest to speedily resolve this problem as further delays would put the population at higher risk of the coronavirus.
As Kenya continues to cut an image of a pushy, arrogant and incompetent transit partner, Tanzania is positioning itself as a viable alternative.
Already, there are ongoing oil pipeline project to link Dar es Salaam to Uganda and South Sudan. Unless we change course, our neighbours could all opt for Tanzania’s SGR, rendering the Lamu port, SGR and Naivasha ICD white elephant projects.
Mr Chesoli is a New York-based development economist and global policy expert. kenchesoli@ gmail.com @kenchesoli
Nairobi has absolutely nothing to gain from antagonising Uganda
