New parking rates on hold

Motorists have been handed a reprieve after a court barred the City Council from charging the new parking rates for 30 days October 29, 2010. FILE

Motorists have been handed a reprieve after a court barred the City Council from charging the new parking rates for 30 days.

The new rates would have seen owners of saloon cars part with Sh300 from Monday.

This was after the High Court stopped the implementation of the new rates as had been announced through a gazette notice dated October 15. The new rates were to take effect on November 1, 2010.

Certifying the case as urgent, Justice David Maraga said the application by a Nairobi resident, Henry Mwingira and a group of matatu owners had established a prima facie case.

The Judge allowed Mr Mwingira and Kaka Travelers Cooperative Savings and Credit Society Ltd to institute proceedings with a view of quashing the gazette notice.

While arguing the case, Mr Harrison Kinyanjui, who represents Kaka Ltd said the rates were unreasonable and the council should increase the rates commensurate to the services offered.

The 114 members, who were represented by Mr Kinyanjui, argued that the notice given by the city council, on the new rates, was very short such that they did not have time to lodge a complaint before they were officially gazetted.

Mr Kinyanjui further said the increment was oppressive and without justification. The new rates would have seen matatu owners pay a few of Sh1,000 for overnight parking. Private vehicle owners would have paid Sh300 up from Sh140.

Through his lawyer Henry Kurauka, Mr Mwingirwa argued that the decision to increase the fees was unfair and punitive. According to him, he transacts his business of supplying cereals in Nairobi but the council has failed to protect security at the parking lots.

Mr Mwingirwa added that his vehicle was broken into in September and where he lost important documents. Accordingly, there was no justification in the increase.

Earlier on, Justice Maraga allowed the city council to come on record saying the matter was of great public interest. At the filing stage, it is only the applicants who appear before a judge and argue their case.

But Mr Justice Maraga allowed council lawyers Evans Monari and Stephen Ogeto saying the orders to be issued by the court were likely to affect the services of the council.

According to Mr Monari, the council had budgeted for the money and had spent millions of shillings in bid to decongest the city. The lawyer pleaded with the court not to allow the application saying a lot of hours are wasted by motorists in traffic jam.

Also, Mr Monari said that for the sake of protecting the environment the court should not have granted the orders so that a few motor vehicles could make it to the city centre and reduce pollution.

The Judge directed the applicants to file their case in ten days and directed that the matter be mentioned on November 15, to confirm compliance.