New Year relief as suspension of Sh400 parking fee extended

Cofek lawyer Henry Kurauka leaves the Milimani High Court in Nairobi following extension of an order that suspended the increase of parking fees, December 30, 2019. PHOTO | RICHARD MUNGUTI | NATION MEDIA GROUP

What you need to know:

  • Justice James Makau said the case by the Consumer Federation of Kenya (Cofek) will be heard on February 17, 2020.
  • Justice Makau further directed withdrawal of all preliminary applications for and against the case so that it is fast-tracked.
  • In its case, Cofek said the new rates will have a negative ripple effect on city residents since the notice was insufficient, contrary to the law.
  • Motorists will continue to pay Sh200 pending the court's ruling on the case by Cofek, which it certified as urgent.

The High Court on Monday extended the order suspending increase of parking fees in Nairobi to Sh400, pending determination of Cofek's case.

Justice James Makau said the case by the Consumer Federation of Kenya (Cofek) will be heard on February 17, 2020.

Justice Makau further directed withdrawal of all preliminary applications for and against the case so that it is fast-tracked.

“I will not be able to hear this case on the earlier-fixed date of January 20 since I am involved in a three-judge bench matter listed for January. I will have to allocate it another trial date,” he explained.

Cofek is being represented by lawyer Henry Kurauka while Nairobi County is represented by lawyer Harrison Kinyanjui.

COFEK'S SUIT

Cofek sued Nairobi following its decision to double parking fees within the central business district from Sh200, effective December 4.

In the notice issued two days earlier, the city also raised the seasonal parking rate for 14-seater matatus from Sh3,650 to Sh5,000, 32-seaters from Sh5,250 to Sh8,000, and 51-seaters (buses) from 7,500 to Sh10,000.

In its case, Cofek said the new rates will have a negative ripple effect on city residents since the notice was insufficient, contrary to the law.

In the suit against Governor Mike Sonko's administration, Mr Kurauka said the notice was too short, unreasonable, punitive and discriminatory and that no public participation was conducted before the decision to raise the charges was reached.

Motorists will continue to pay Sh200 pending the court's ruling on the case by Cofek, which it certified as urgent.