The High Court has declined to suspend the ban on matatus accessing the Nairobi central business district which was effected Monday following an order by Governor Mike Sonko.
Justice Pauline Nyamweya Monday declined to suspend the ban in a case filed by matatu saccos aggrieved by the order restraining them from dropping and picking passengers in the CBD.
Declining to grant a temporary reprieve in the case filed by Nairobi Senator Johnson Sakaja and the matatatu saccos, Justice Nyamweya said the ban had been published in the Kenya Gazette in November 2017.
“It well over six months and you are now filing a case to challenge the ban that matatus should drop passengers outside the CBD,” Justice Nyamweya ruled.
But she directed lawyers Duncan Okatchi, Duncan Akulia and Jackson Ikua to serve the court papers on the Nairobi City County government, the National Transport and Safety Authority and National Police Service so that they respond to the issues raised in the suit.
She directed that the case be heard December 6, 2018.
The judge stated under the rules, a gazette notice pronouncing a particular issue is supposed to be challenged within six months.
“Serve the respondents and return for hearing on December 6, 2018,” ruled Judge Nyamweya.
NO PUBLIC HEARINGS
Through the chairman of Expresso Company Limited and 30 other Matatu saccos and companies, the petitioners told the judge that no public hearings were conducted to receive views on the matter.
Mr Okatchi said the constitutional rights of the citizens have been violated and asked the judge to quash the ban.
They argue that the decision was made without taking into consideration that the operators have valid transport licences that allow them to operate in the central business district.