But who is the Centre Ring?
September 19th, 2022: (virtual) This case was back in front of the Environment and Land Court of Mombasa and Justice L.L. Naikuni as a ‘mention’. For all intents and purposes, this was an update for the court as to the progress relating to the court ordered rosewood transhipment from Mombasa to the port of choice of Shihua Industry Alliance. Shihua Industry Alliance is the consignee who initially smuggled the Malagasy rosewood from Madagascar in 2014.
George Egunza, advocate for Shihua, advised the court that KWS (the appellant) is continuing to stifle the transhipment process, alleging that they (KWS) emailed the MAERSK Shipping Line, warning of embargoes should they ship contraband goods. Egunza further complained that as per Justice Naikuni’s comments some weeks previous, “there are forces that are trying to frustrate the process” and that “the circus is still on”.
Egunza further stated:
- Due to the appeal, the court becomes functus officio, as far as that issue is concerned and will await the ruling on December 16.
- In the meantime, the respondent, be at liberty to explore other available means of transhipping the consignment.
- Egunza to furnish all parties with the copies of email from KWS (as alleged) for parties to respond accordingly,
- The order of the Appeal Court stay to be placed before the court
- This matter will be mentioned again on January 20, 2023, unless otherwise stated
Egunza made it clear to the court, that there would be a further application to the court by his client prior to January 20th.
George Egunza is correct. The “circus is still on”. But who is in the centre ring?
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