A The Port Community Plenary
The Port Community Plenary is composed of representatives of all the signatories and is the Charter’s apex organ. This Plenary provides a unique forum for stakeholder deliberations on the full spectrum of issues covered by the Charter.
The Plenary will be chaired by a representative of the public sector at Cabinet Minister level, on a rotation basis.
The Plenary will convene at least once a year and more frequently if required. During this meeting the Plenary will:
- Consider and make recommendations on the Charter’s general principles of cooperation
- Discuss any issues relating to the efficiency, effectiveness, reliability and global competitiveness of the port and corridor and make recommendations.
- Discuss and make recommendations on any issue within the scope of the Charter or affecting the powers and functions of any organ of the Charter.
- Receive and consider reports from the Council of Signatories and the Steering Committee.
B The Charter’s Council of Signatories
The Charter’s Council of Signatories (The Council) is a high-level organ of the Charter and acts as the ultimate decision-maker in handling political, legal, organisational, technical, cost, management, cultural and personnel issues.
It is co-convened by the following:
- The Principal Secretary (PS) Department For Maritime and Shipping Affairs
- The PS Finance
- The PS State Department for Trade
- The PS State Department of Infrastructure
- The PS State Department of Transport
- Chairperson of KEPSA
- Chairperson of the Steering Committee (Secretary to the Council)
The Council will provide the political will to move to drive the process forward. Captains are drawn from both the public and private sectors and shall provide oversight to the Charter’s Steering Committee.
The Council will meet at least twice a year to deliberate on matters concerning the Charter.
Membership of this Council shall be limited to the following order of individuals:
- Permanent Secretaries of government departments involved in the Charter including the PS Finance, PS Trade and PS Transport
- Managing Directors of parastatals involved in the Charter
- Heads of government departments intervening in cargo clearance
- Chairpersons of the boards of private sector associates participating on the Charter
- Chairperson of the Steering Committee
- Any other person as may be nominated by the convenors.
In the absence of any designated member, the designated deputy may provide temporary representation. This should not exceed two subsequent meetings. The Council will ensure a strong link between policymakers, policy influences and the work of the Charter.
The key role for the Council is:
- Driving the agenda of the Mombasa Port and Northern Corridor Community Charter, where necessary by bringing to bear the required political and institutional pressure.
- Advising the Steering Committee on decisions about the strategic direction of the Charter in ways consistent with the needs of the Port Community.
- Informing the development of strategy for the Charter.
- Ensuring the Charter operates in accord with its statement of purpose.
- Resolving highlighted issues escalated to the Council of Signatories.
C Steering Committee
The Steering Committee reports to the Council and makes strategic decisions concerning the realisation of the Charter’s goals. It is responsible for managing and monitoring the Charter’s goals and verifies that the Charter activities are in accordance with established objectives.The Steering Committee reaches decisions by means of consensus. Where necessary the Steering Committee can create ad hoc working groups to pursue a specific and focused agenda. It:
- Sets the tone for cooperation – The Steering Committee is expected to rise above sector interests and make sure that stakeholders cooperate in completing the shared vision and goals.
- Represents signatories that do not sit directly on the Steering Committee – It is the Steering Committee’s job to represent those that do not have a direct representation in the governance structure.
- Ensures equality in decision-making – The Steering Committee must make sure that the project meets the needs of as many participants as possible. This means it must fairly weigh all requests and act impartially to do the most good with the resources available.
Members of the Steering Committee shall be selected from the Charter’s signatories collectively as hereunder. The Steering Committee shall comprise the heads of the following:
- Public sector
- Kenya Maritime Authority (KMA) 7
- Kenya Bureau of Standards (KEBS) (new)
- Kenya Trade Network Agency (KENTRADE)
- Kenya Ports Authority (KPA)
- enya Revenue Authority (KRA)
- Kenya Railways Corporation (KRC) (new)
- Private sector
- Shippers Council of Eastern Africa (SCEA) 8
- Eastern African Grain Council (EAGC)
- Petroleum Institute of East Africa (PIEA)
- Kenya Ships Agents Association (KSAA)
- Kenya International Freight and Warehousing Association (KIFWA) (new)
- Kenya Transporters Association (KTA) (new)
- Development agencies
- Northern Corridor Transit Transport Coordination Authority (NCTTCA)
- Trademark East Africa (TMEA)
- Exports Promotion Council (EPC) (New)
- Policy oversight
- State Department of Transport
- State Department of Trade
The members shall have the following roles and responsibilities:
- Represent respective organisations on the Steering Committee so as to enhance partnership and collaboration between the representative organisations.
- Consult with other members and inform them of developments in their respective organisations that may impact on matters of concern to the Steering Committee and its members.
- Make a contribution to the work of the Steering Committee through oral or written comments at Charter meetings or written communications to the Chairperson.
- Collaborate with other members by working in partnership, in face-to-face meetings and on a virtual platform with relevant stakeholders, to achieve the objectives for which the Steering Committee was set up.
- Review the quarterly report and give recommendations.
- Hold a quarterly meeting with the Council to deliberate on issues back-to-back.
- Present the Annual Charter Progress Report.
D Chairperson of the Steering Commitee
The Chairperson of the Steering Committee shall be nominated by the Council of Signatories from among the private sector signatories.
The Chairperson of the Steering Committee will hold office for a maximum of two years. The duties and responsibilities of the Chairperson include:
- Preside at all meetings of the Steering Committee.
- Lead and manage the business of the Steering Committee and in doing so, seek to provide appropriate direction and focus to the Steering Committee and its working groups and establish a governance culture that upholds the highest standards of integrity and probity.
- Approve the agenda for the Steering Committee, taking into account the suggestions of other members for the inclusion of items on the agenda, and ensure that sufficient time is allowed for discussion of relevant issues.
- Work with the Charter Coordinator to ensure that members of the Steering Committee receive accurate, timely and clear information regarding matters within their responsibility; in particular about the progress in the implementation of the Charter Work Plan so as to enable the Steering Committee to make sound decisions, monitor effectively and provide advice relevant to efficient and effective management of the port and the corridor.
- Ensure that decisions agreed by the Steering Committee are effectively implemented and reported to the relevant convenors.
- Lead the Steering Committee in monitoring its own performance and review this performance annually.
E The Vice-Chairperson
The Vice-Chairperson of the Steering Committee shall be nominated by the Council of Signatories from among the public sector signatories.
The Vice-Chairperson of the Steering Committee will hold office for a maximum of two years and the holder’s duties and responsibilities shall be to:
- Assist the Chairperson in running the business of the Charter, including chairing meetings of the Charter in the absence of the Chairperson.
- Assist the Chairperson in ensuring adequate time is provided for discussions of matters on the agenda, reaching consensus and bringing the discussion to a close.
- Assist the Chairperson in identifying items to be included in the agenda of the Charter.
F Sector Working Groups
The Steering Committee shall draw on the expertise necessary to perform its mandate and may establish working groups to assist it in performing its functions.
These groups shall be disbanded once their purpose is achieved. To minimise chances of duplication of effort through unnecessary multiplication of meetings, the Steering Committee shall first determine if any specific work cannot be incorporated into an existing working group before setting up any new one.
Working groups created for a specific purpose shall be provided with terms of reference (ToRs) indicating details of the date of establishment, the duration, the mandate and reporting, membership and roles of members, the purpose and scope of the working group, key deliverables, means of operation and resources required.
The Steering Committee shall appoint the chair and vice-chair of a working group, with one being public and the other private. The Steering Committee may designate additional members and alternate members to participate in a working group. A working group member shall act in his/her personal capacity.
Panel members shall have demonstrated and recognised expertise relevant to the field of work, in particular regarding tasks described in the terms of reference.
A working group member shall have documented his/her competence through a self-declaration, recommendations and any other documentation specified in the ToRs.
In addition, a working group member shall:
- Have recognised experience and/or knowledge relevant to the Charter.
- Have the minimum length of years of relevant experience as defined in the ToR of a working group.
- Be able to communicate fluently, both in writing and orally, in English or Kiswahili.
- Be free from any interest that might cause the working group to act in any manner other than impartially and non-discriminatory.
The Steering Committee shall require a member of a working group to commit in writing to comply with the Charter’s guidelines, the rules of procedure of the Steering Committee and any decisions taken by the Steering Committee, in particular with regard to confidentiality and to independence from commercial and other interests.
A working group shall be composed of an appropriate number of working group members, taking into account regional and gender balance, as determined by the Steering Committee.
A working group member shall meet the competence requirements specified above, in addition to requirements identified in the ToR of the working group.
The Steering Committee shall invite experts wishing to serve on a working group to forward their application. Such an invitation shall be issued by the Secretariat upon adoption by the Steering Committee of the ToR and competence requirements for a working group. It shall be announced on the Charter’s website and through any other cost-effective means.
The length of term of a working group member shall be defined in the ToR. A working group member may not participate in more than one working group of the Steering Committee at the same time.
G The Secretariat
The Charter’s operations shall be facilitated and housed under the auspices of the following organisations:
- Kenya Maritime Authority (KMA)
- Kenya Trade Network Agency (KENTRADE)
- Northern Corridor Transit and Transport Coordination Authority (NCTTCA)
- The Shippers Council of East Africa (SCEA)
The four institutions will provide the structure needed to operationalise the revised Mombasa Port and Northern Corridor Community Charter.
The facilitators have been selected as they have sufficient mandate and political and social power to bring together the diverse port and corridor community to resolve its challenges collaboratively.
Facilitators with the support of development partners will initiate and support the operationalisation of the Charter. The facilitators will work closely with the Charter’s Steering Committee.
A Memorandum of Cooperation shall be signed between the Charter’s facilitators to provide a framework of cooperation and facilitate collaboration between the signatories.
It will also delineate the signatories’ respective responsibilities, identify areas in which they will assist each other and minimise duplication of efforts.
H The Memorandum of Cooperation among Port
The Memorandum of Cooperation among Port Community Service Providers in Cargo Clearance Process is an annex of the Mombasa Port Community Charter and shall be administered by the MPCC Secretariat.
- Administer and coordinate the implementation of the MOC
- Convene all meetings, minute all proceedings and circulate the same to the parties
- Develop and implement a monitoring framework
- Receive and disseminate notices, reports and any other documents to, and on behalf of the parties
- Collect and analyse relevant information and prepare quarterly reports
- Maintain proper records relevant to the MOC
- Receive and follow up on correspondence
- Facilitate dispute resolution
- Any other functions as may be assigned by the parties.
The following is a broad representation of the convener’s responsibility:
- Kenya Maritime Authority (KMA)
- Provide the Head of the Secretariat
- Provide a Public Sector and M&E Coordinator
- Convene and coordinate meetings of the Steering Committee
- Provide Secretariat services.
Kenya Trade Network Agency (KENTRADE)
- Provide an ICT Coordinator to the Charter’s Secretariat
- Provide a single data collection point to be used in monitoring evaluation and analysis.
Northern Corridor Transit and Transport Coordination Authority (NCTTCA)
- Provide and host the Secretariat’s Dashboard Coordinator
- Host the Northern Corridor performance dashboard, and provide technical support for the operation of the corridor dashboard and dissemination of information to stakeholders in the port and corridor
- Coordinate and ensure projects and interventions along the corridor by Charter members have links with relevant projects in the rest of the Northern Corridor member states
- Collect and prepare weekly, monthly and quarterly quantitative KPIs.
- Shippers Council of Eastern Africa (SCEA)
- Provide a Private Sector and Communications Coordinator
- Carry out regular analysis and dissemination of data on the KPIs of the Charter
- Carry out an annual logistics performance survey and analysis of operational and policy frameworks to facilitate effective advocacy
- Carry out communication and publicity duties on the Charter’s activities.
J Housing and operations of the Secretariat
A permanent Secretariat shall be established and anchored at the Kenya Maritime Authority (KMA). The Head of the Secretariat shall be supported by four coordinators. The Head of the Secretariat shall keep track of all ongoing Charter activities and in particular the technical working groups, and may be appointed to chair technical sub- groups in some cases.
The Head of the Secretariat shall be the driving force behind the elaboration of the Charter and its action plan.
They are responsible for calling and organising meetings and technical working groups; mediating the meetings and discussions between the private and public sector representatives; recording the minutes of meetings, keeping the work focused on the goal of producing viable proposals for reform to be included in the action plan; researching the issues; preparing written proposals for discussion; and formulating the various implementation activities.
The key functions of the Charter’s Coordinators are to:
- Consult with stakeholders to determine their interest, willingness and ability to participate, and find ways of reaching out to foster broad representation from the private sector.
- Work publicly and behind the scenes to lead the engagement between government and private sector counterparts – spotting opportunities, negotiating compromises and developing a shared agenda – and encourage government to allow that engagement to play a role in new policy initiatives related to the private sector.
- Liaise with development partners on the provision of necessary inputs, such as expert policy advice, independent evidence-based research, and specialised technical assistance to build the engagement capacity of all participants.
- Develop the agenda and vision for the engagement, injecting energy while paying close attention to detail, through keeping accurate and transparent records and providing impartial and timely summaries of meetings.