There is a sigh of relief among miraa traders after the Kenya Airport Authority (KAA) withdrew a Sh4,000 levy charged per miraa vehicle following an out of court settlement with a lobby group.
Nyambene Miraa Trade Association (Nyamita) moved to court in April seeking to have KAA stop the levy charged Jomo Kenyatta International Airport (JKIA) and refund about Sh100 million collected since July 2022.
Nyamita argued that the levy is unconstitutional, illegal, oppressive and discriminatory since other produce exported through JKIA are not charged.
Nyamita spokesman Kimathi Munjuri said, KAA management met the association and transporters on Wednesday last seek where an out of court settlement was entered.
“We will drop the case which is in court and the demand for a refund. On the other hand, KAA should not charge the Sh4000 as from Wednesday 26 June, 2024 until a uniform framework about the same is set.
KAA will also give airside passes, airport access and parking stickers to Nyamita members,” Munjuri said.
However, Nyamita will bear the legal costs of the suit.
“We laud the KAA for ceding ground. Out of this settlement, we saved about Sh100,000 on Wednesday evening,” he said.
The miraa lobby had told the court that KAA was relying on a law meant for Wilson Airport to charge miraa levy.
“…the first respondent (KAA) cites a Concession Order of 1995 as the basis of levying the charges yet the said Concession order cannot apply to JKIA because it specifically applies to Wilson airport…” Nyamita states in their suit papers.
The matter is before Justice Chacha Mwita who had in May directed KAA and the ministry of transport to file responses.
