Matatu owners fight luggage rule in court

What you need to know:

  • The directive outlawing racks for goods was issued by Transport Cabinet Secretary Michael Kamau.

Matatu owners have gone to court in Homa Bay to challenge the ban on luggage racks on their vehicles.

The directive outlawing racks for goods was issued by Transport Cabinet Secretary Michael Kamau.

On December 17, 2013, Mr Kamau made it illegal in a gazette notice for matatus to have roof racks.

But Kituma Sacco and four others, said there was no justification for this.

Notice oppressive

They termed the notice oppressive and said it served no purpose in reducing road accidents.

They also claimed that their rights with regard to economic prosperity and the ability to do business would be adversely affected by the regulations.

In an affidavit, Mr Silvan Adika, the chairman of the Homa Bay Matatu Sacco said Mr Kamau did not consider the aspect of the regulations in terms of distances covered by the vehicles.

Through their lawyer Samuel Nyauke, the investors claim that the order amounted to violation of their rights and the Constitution.

In her ruling, Lady Justice Esther Maina ordered the matatu men to serve Mr Kamau and the Attorney-General with summons ahead of an inter-party hearing on April 3.