Nairobi commuters and Matatu Saccos have suffered a major blow after High court declined to lift CBD PSV ban pending determination of the case.
Justice Pauline Nyamweha directed matter to be heard on Thursday a d l parties to be served .
Matatu Sacco’s and Nairobi Senator Johnson Sakaja filed a case seeking to have the ban lifted.
Senator Sakaja wants the gazette notice 4479 of 12/5/2017 issued by Nairobi Governor Mike Sonko purporting to designate public transport terminus quashed.
He also seek the Governor, Nairobi County Government and their agents or acting jointly prohibited from implementing of the said gazette notice.
The senator further wants the Governor and county government compelled to revert back to the earlier designated terminus.
He claims that the implementation of the gazette notice has denied the public convenient access to their work place , hospitals and schools.
“” Upon enquiry the public was informed that the transport terminus that were located in Nairobi County within the Central Business District (CBD) had been revoked following implementation of the gazette notice” claims Sakaja.
He argues that the said notice did not take into consideration all the needs challenges and constraints of the public transport users. The sick persons with disabilities and children stands to suffer upon full implementation of this notice.
The 21 Sacco’s argue that the decision is discriminative and was made unilaterally and without consultations with the stakeholders on the same.
“Nairobi being the capital city of the Republic is an important city for all the citizens despite the country they reside due to it being a business center and hub, “ said petitioners.
It is their argument that the gazette notice and the operationalization of the said notice banning matatus from the CBD is ill informed, based in irrelevant considerations and un proportionate.
They further argue that the said actions are inconsiderate as there was no study or effort to first ascertain whether the said designated points can accommodate the number of matatus that are being redirected there thus it is an avenue for chaos and anarchy as the rule will be survival for the fittest which is counterproductive in the civilized society that we are.
Through their lawyer , they argue that the ban may result in more harm than good as it may lead to unemployment, frustrations and therefor the young men and women may easily be inducted into criminal activities that the matatu employments keeps them away from.
“The acts of the respondents are curtailing the economic rights of the many citizens who rely on the ferrying of passengers on motor cycles as a source of livelihood,” states the court documents.
The matatu’s Sacco’s argue that the decision does not consider that the operators have valid Road Service permits from Nairobi County Government that allows them to operate in the CBD and are still valid.
Similarly they argue that the gazette Notice issued last year was shelved due to lack of public participation.
“That as if to cure the lack of consultation and the outright lack of the observance of the public participation principle, the operationalization of the same was deferred to await the public participation aspect which would lead to the taking care of the concerns of stakeholders including the applicants and the general public who would without a doubt be affected by the said unilateral decision.” Argue the SACCO’S.