A six-year commercial dispute involving Sh90 million between Mombasa Maize Millers and Bulkstream Limited has stalled again, exposing the fragile legal mechanisms governing Kenya’s critical grain handling infrastructure at the Port of Mombasa.

The High Court’s adjournment of the case, citing the bereavement of a key defense witness, delays justice in a sector vital for national food security. This legal paralysis is not merely a courtroom procedural hiccup; it underscores the high stakes of port monopolies where delays ripple into the price of unga on Kenyan tables. As the country grapples with the cost of living, the inability to swiftly resolve commercial disputes in the grain sector acts as a hidden tax on the supply chain, ultimately borne by the consumer.

A Saga of Delayed Justice

The dispute, which centers on an alleged breach of contract for grain supplies valued at over $703,000 (approximately Sh90 million), has languished in the corridors of justice for nearly six years. On Tuesday, Justice Florence Macharia was forced to adjourn the hearing to May 7, 2026, after Bulkstream Limited—associated with prominent Mombasa tycoon Mohamed Jaffer—applied for a postponement. The firm’s counsel informed the court that their sole witness had lost a relative and was emotionally unable to testify. While the court granted the request on compassionate grounds, the delay adds another three months to a case that has already seen half a decade of inaction.

For Mombasa Maize Millers, the plaintiff, the delay is a frustration of commercial logic. Capital tied up in litigation is capital not deployed in production, and in the low-margin, high-volume world of grain milling, liquidity is king. The defense, Bulkstream Limited (formerly Grain Bulk Handlers Limited), operates the country’s only dedicated bulk grain handling facility. This position has often placed it at the center of various legal and commercial storms, as competitors and clients alike navigate the complexities of a monopolistic infrastructure.

• The Monopoly Question: Bulkstream has dominated port-based grain storage since 2000. While new players like Portside Freight Terminals are entering the fray, the legacy of a single operator continues to define the sector’s legal and operational landscape.
• The Cost of Delay: Legal experts argue that six-year delays in commercial courts undermine investor confidence. "Justice delayed is not just justice denied; in business, it is value destroyed," noted a maritime law analyst observing the proceedings.

The Broader Economic Impact

This lawsuit is a microcosm of the challenges facing the Port of Mombasa. As the gateway to East Africa, the port’s efficiency is measured not just in crane moves per hour but in the legal certainty it offers its users. When disputes over grain—the staple food of the nation—drag on for years, the uncertainty feeds into risk premiums that inflate costs. The entry of competitors like the firm associated with the Joho family was meant to liberalize the sector, yet the entrenched battles of the old guard continue to dominate the headlines.

As the parties prepare to return to court in May, the eyes of the industry remain fixed on Justice Macharia. The resolution of this case will not only determine the fate of the Sh90 million in question but will also signal whether Kenya’s judiciary can offer a swift resolution to the commercial titans who feed the nation. Until then, the case remains a stark reminder of the friction that still exists within the wheels of Kenya’s grain supply chain.