JUDGMENT OF THE COURT
A. INTRODUCTION
1. This is an appeal brought under the provisions of Article 163(4)(a) of the Constitution principally challenging the Court of Appeal’s decision on the constitutionality of Section 62 of the Kenya Ports Authority Act (the KPA Act). The appellant argues that by purporting to oust the jurisdiction of the court to entertain claims against the Kenya Ports Authority (KPA) for damage suffered under Sections 12, 14, 15 and 16 of the Kenya Ports Authority Act (KPA Act), the Section fouls Articles 10, 40, 48, 50, 159 and 165 (3) of the Constitution and is therefore unconstitutional.
B. BACKGROUND
2. On diverse dates in December 2007 and January 2008, the appellant, a limited liability company incorporated in the Republic of Tanzania, imported from the United Arab Emirates into the East African Region, through the Port of Mombasa, 21 x 40ft containers of assorted Masafi Products which included fruit juices and mineral water. Due to the 2007/2008 post-election …