Remove bumps on Thika Superhighway, judge orders

Speed bumps on the Thika Superhighway should be removed to ease traffic, the High Court has ruled.

Judge George Odunga on Tuesday ordered Transport Cabinet Secretary James Macharia and the Nairobi City County to uproot the bumps at Survey of Kenya, Homeland and Breweries in 60 days.

He issued the directive in a case in which Nairobi Senator Mike Sonko sued the county government in 2015.

He ordered the county government and Mr Macharia to foot the bills for removing the bumps.

The two parties, he directed, should also ensure that pedestrians on that road use the already provided footbridges.

COMMENDED

Justice Odunga also ordered that a county management board execute the functions specified in the Urban and Cities Act.

The judge commended Mr Sonko for filing the suit in his personal capacity, saying that the matter was clearly one of public interest.

“I commend Mr Mbuvi for taking bold steps as required of him as a senator and by virtue of the Constitution to protect and uphold the rule of law,” he said.

In his ruling, the judge found that those responsible for managing roads in Kenya are obliged to ensure that there are proper road signage to inform users about the state of the road so that they can make informed decisions in good time.

“There is no rational basis for erecting rumble strips and bumps when the authorities concerned have erected footbridges," he said.

CONGESTION

"It is the responsibility of the executive to ensure that thoroughfares and footbridges are used and that they are secure."

Since Mr Sonko had argued that traffic jams cause unnecessary delays, the judge pointed out that it is appropriate for the public to be notified of any inconveniences on the roads they use.

However, he admitted that the construction of the highway eased congestion and dismissed claims that the budget used was unreasonable.

He also faulted the county government for failing to carry out its obligation and involve the public in its decongestion plan.

The judge pointed out that in spite of the failure, he cannot reverse what has already occurred as it would cause more harm to the public.