Court suspends criminal investigations in container dispute at Mombasa Port

The orders were issued by Lady Justice Wendy Kagendo Micheni on September 16, 2026, in a case filed by Power Parts against the County Criminal Investigations Officer in Mombasa. 

The court directed that the application and order be served on the respondents and the Deputy Registrar of the Court by close of business on September 17, after which the respondents were given 10 days to file and serve their responses.

The application is scheduled for hearing on October 5, 2026.

Pending the hearing, the court suspended the operation and enforcement of a complaint made by KPA on September 1, 2026, as well as a September 2 decision by the DCI to commence investigations based on the complaint.

The court also suspended the effect of a warrant and order issued by the Mombasa Chief Magistrate’s Court on September 8, 2026, together with decisions or processes arising from the complaint and the impugned orders.

Justice Micheni further restrained the DCI and their officers, servants and agents from arresting, summoning, detaining, charging, arraigning or prosecuting Power Parts, its directors, officers, employees or agents in relation to the complaint or its subject matter.

The court also barred the respondents from disposing of, dealing with, encumbering or otherwise interfering with evidence.

KPA was similarly restrained from initiating, maintaining or supporting a criminal complaint against Power Parts concerning the subject matter of Mombasa High Court Civil Suit No. E041 of 2026, or from deploying material that the court says was obtained pursuant to the disputed magistrate’s court warrant.

In addition, the respondents were ordered to file and serve, within seven days, an affidavit disclosing the whereabouts, custody and condition of two of the machines.

The court further directed that any material already obtained by the DCI from interested parties under the impugned orders be sealed, preserved intact and deposited with the Deputy Registrar.

The respondents must also disclose on oath the extent of the material obtained and identify every person to whom any part of it has been disclosed.

The orders are interim in nature and will remain subject to further directions when the application comes up for hearing on October 5, 2026.

The saga broke out after the Kenya Ports Authority took action to report Power Parts Kenya to the DCI over claims of fraud involving five Kalmar Empty Container Handlers of serial numbers B11500238, B11500239, B11500240, B11500241 and B11500242 purchased by KPA from Power Parts and Kalmar at a cost of Ksh.195 million.

The equipment had been imported to Kenya by Power Parts and was to be delivered to KPA under the contract.

It is alleged that KPA got wind that the machines had been diverted to a different port in a neighbouring country, yet Power Parts had already been paid for the same.

KPA reported the matter to the police, who commenced investigations.

DCI in Mombasa summoned directors of the company involved, prompting them to rush to court where they successfully obtained orders to stop all investigations and their arrest or interrogation.

DCI said they are investigating claims that KPA lost millions of shillings paid to the supplier, which, instead of supplying to KPA in March 2025, diverted them to a totally different port out of the country in October 2025.