MATATUS CHALLENGE BAN ON 14 SEATER AND MICHUKI RULES.

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14 seaters matatu owners lawyer Harrison Kinyanjui accompanied by his clients speaking to journalists outside Milimani Law Courts building after filing a petition on Friday December 7,2018./PHOTO BY S.A.N.

BY SAM ALFAN.

Some 24 Matatu Saccos have moved to court challenging the roll out of the BRT program.

The Sacco’s are also challenging the plans to replace the 14 seater matatu’s with buses.

Through lawyer Harrison Kinyanjui, the matatu Sacco’s argue that the orders seeking to stop any further implementations of the BRT until there is legislative framework is intended not to place an obstacle on the path of the BRT program but to have a clear legislated path.

“The said road marking designated for the BRT buses has no location in the existing Traffic Rules in the Traffic Act and NTSA cannot bind the petitioners to any commitments, “said lawyer Kinyanjui.

The Saccos argue that the Government is in one breath trumping up its employment generation measures to the citizens to eliminate poverty and when petitioners take up the gauntlet to create employment by getting the 14 seater PSV vans.

“The petitioners have not been advised by the Respondents as to the fate of their respective PSV busses in the event the 8th respondents becomes the vehicle to effect the BRT program, yet the petitioners have invested colossal sums in their respective PSV vehicle,” added Kinyanjui.

They are also challenging part of the famous Michuki rules. They claim that it is unlawful for the NTSA to demand that PSV matatus not spotting the yellow line ought to be denied operating licenses. It is their argument that the requirement is unconstitutional and a violation of the principle of Rule of Law.

They argue that following the publication Legal Notice 179 by NTSA  that on 31 December that all the PSVS below 25 seater capacity would not be licensed for Road Service Licenses, the president issued a directive that the decision be stopped adding that as at November 2018 the licensing of the 14 seaters PSV has been ongoing.

Justice Wilfrida Adhiambo Okwany directed Lawyer Kinyanjui to serve all parties and appear in Court for hearing on 17 December for hearing and further directions.

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