BY NT CORRESPONDENT.
High court has suspended decision by the Nairobi County to ban Public Service Vehicles from accessing the Central Business District.
Lady Justice Wilfida Okwany said that yesterday’s ban caused a great inconvenience to the public and dented the economy.
The learned judge further said this follows Nairobi governor Mike Sonko’s decision to lift the ban and it is not known when it will be implemented.
The orders will stay in force until the 11 of this month when the matter will be mentioned.
The orders have been issued in a case in which Businessman Paul Kobia filed a case saying that decision to prohibit PSVs from accessing the Nairobi City is capricious, oppressive, irrational, unreasonable, illegal, unjustified, and unconstitutional and against the rules of natural justice.
Through lawyer Henry Kurauka, Kobia told the court that in the year 2011 or thereabouts, Nairobi Govornor Mike Mbuvi Sonko successfully moved to the court to lift the purported ban prohibiting PSV from accessing the City.
According to him, the circumstances have not changed to allow him to support the ban and he should not be allowed to blow hot and cold when he understands the predicament facing city residents.
“The action will slow and adversely affect the economy because movement of employees, traders, goods and products will be hampered. Further employees who will walk long distances will not be optimally productive” Kobia.
Kobia wants the County Government to comply with Articles 10,35,40 and 46 of the constitution that allows public participation, transparency, information, accountability, equity, among others in making critical decision affect citizens.
He will also seek the court to issue a permanent injunction and prevent the governor from implementing decision in future until property infrastructures are put in place and involve public participation.
