BY NT CORRESPONDENT.
Political leaders have moved to court challenge move by Treasury CS to require boda bodas and Tuk-tuks operators to acquire mandatory insurance cover for their passengers.
Nairobi Governor Mike Sonko together with MPs Moses Kuria (Gatundu South), Eala MP Simon Mbugua and politicians Kalembe Ndile, Reuben Ndolo, Stanley Livondo and Kevin Mubadi jointly sued the government seeking orders to prohibit the implementation of the proposed insurance policy for boda boda operators.
The petitioners want the court to restrain the Treasury CS from implementing the proposal, which was contained in his 2019/20 financial budget. They argued that the implementation of the proposal will lead to massive unemployment and huge loses.
They further argue that the said the proposals were not shared with members of the public for comments before they were introduced.
On Thursday, Rotich said all Bodabodas and tuk tuk operators will be required to obtain Third party insurance in order to cover their passengers and pedestrians in the event of an accident.
Rotich had indicated that the proposal would be effected by amending the provisions of the Insurance Act.
The petitioners however claim that the CS ought to have consulted with the Attorney General before making that proposal in order to receive correct and responsible advice and ensure the proposed amendments are not in contrary with the constitution.
In an affidavit, Sonko claims that the boda bodas and tuk-tuk operators will now find themselves in position where they are required to pay excessive and obstructive fees in the form of Third party insurance without being given any opportunity to debate or discuss the approval.
The governor argues that the amendments and Regulations which will introduce Third Party Insurance for the riders and tuk tuks were not shared with members of the public for comment before being introduced.
“The proposal that boda bodas and tuk tuks operators obtain Insurance cover for passengers and pedestrians which was made during the reading of the budget deals with issues of public finance. It follows that there ought to have been sufficient public participation on every issue it intended to introduce,” stated Sonko in an affidavit.
The governor further argues that the constitution obligates Parliament to formulate legislation to manage urban areas and cities and the legislation must provide for the participation of remedies in the governance of urban areas and cities.
“The Public Finance Action obligates the Treasury Cabinet Secretary to ensure public participation in the budget process. Failure to follow the law and the constitution rendered the actions of the CS invalid,” stated Sonko.
It is the governor’s arguments that the budgetary proposal denied the all the boda bodas and tuk tuk operators a chance to give their input in the planning and policy formulation process.
Justice James Makau certified the application urgent and directed them to file and serve the application to Treasury CS Henry Rotich and the Attorney General who they have named as respondents. They will appear in court on Monday for directions.
