Cofek threatens to sue City Hall for defying court

Cars parked along a street in the Nairobi CBD. Motorists are paying higher parking fees despite a court ordered suspension. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • The consumer lobby says the Nairobi county government is acting with impunity.
  • The court had temporarily suspended an increase in parking fees until the case is determined.

The Consumer Federation of Kenya (Cofek) plans to file a contempt of court case against Nairobi county government after it defied a ruling to revert parking fees from Sh400 to Sh200.

The consumer lobby says City Hall is acting with impunity for failing to heed a court order that temporarily suspended an increase in parking fees.

In pleading for the suspension order, Cofek had last week argued that the notice issued to motorists was too short, unreasonable, punitive and discriminatory and that no public participation was conducted before the decision to raise the charges was reached.

“This is impunity. We are planning contempt charges,” said Cofek Secretary-General Stephen Mutoro in a text message.

He said that the county legal department was served with the court order on Thursday last week. However, the higher fee was still being levied.

City Hall Director of Parking Services Tom Tinega differed with Mr Mutoro, saying that they were yet to be served with the court order and that, when that is done, he will be directed on the way forward. “There is a process. Our legal team has told me they are still waiting to receive the document from the petitioner.''

“Let them show a stamped document of what they served the county’s legal department or count attorney. The document must be seen by the department and stamped 'received' with the date indicated,” said Mr Tinega.

On Thursday, motorists paid the old fee of Sh200 but this was reversed on Friday and they had to part with Sh400.

The USSD code that motorists use to pay the fee, which indicates the amount to be paid, pops up a Sh400 notification, which the users have to complete by entering their M-Pesa PIN.