- Matatu operators warn of possible service disruption as they prepare for a crucial court session on the CBD relocation directive
- Saccos say they will take their vehicles off the road so members can attend the hearing before Justice Chacha Mwita
- In court documents seen by TUKO.co.ke, lawyers claim the directive unfairly targets public transport and could cripple services during the busy December period
TUKO.co.ke journalist Harry Ivan Mboto has over three years of experience reporting on politics and current affairs in Kenya
A confrontation is building between Nairobi matatu operators and the county government over plans to move them from their pickup points in the Central Business District.
Source: UGC
The Saccos now say they may suspend services on Wednesday, November 19, as they head to court for the hearing of their case.
The operators, who are fighting the county’s directive that bars passenger pickups and drop offs at petrol stations in the CBD, say they will take their vehicles off the road to allow all their members to attend the session.
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“The petitioners have for a considerable period, lawfully operated their public service vehicles by picking up and dropping off passengers at Total petrol stations within the Nairobi CBD. These operations have been conducted in compliance with all relevant laws, regulations, and licensing requirements, the Saccos said in their petition seen by TUKO.co.ke.
“On or about November 12, the petitioners received formal demands directing the immediate cessation of all operations involving the picking up and dropping off of passengers at the aforesaid Total petrol stations,” the petition added.
The case will be heard before High Court Judge Chacha Mwita.
Did Nairobi matatus warn of major disruption?
Through lawyers Danstan Omari and Stanley Kinyanjui, the Saccos warned city residents to expect major transport disruptions.
The lawyers said they intend to write to the Chief Justice Martha Koome asking for the proceedings to be moved to Uhuru Park, because they expect a large turnout of operators, investors and passengers.
“Our petition is coming up on Wednesday. Justice Mwita has directed that the matter proceeds on Wednesday. All matatus will put their tools down to come to court. They will not be on duty because their case will be in court,” the lawyers said.
They urged public service vehicle users to prepare for possible inconvenience during the court session.
The Saccos involved in the case include Kinatwa, Super Premium, Kangema and Muna Sacco among others.
They argue that the county’s move is unfair because petrol stations across the country routinely allow high human traffic from fast food shops, pharmacies, garages and restaurants.
They questioned why public transport is being targeted when similar activities take place elsewhere.
“Notably, petrol stations across Nairobi, including those in other counties, host a variety of businesses that attract substantial human traffic, such as pharmacies, hotels, fast-food restaurants, and garage services. No similar directives have been issued against these operations, nor have any been extended to matatu operators in other counties,” the petition added.
The Saccos also noted that since starting operations at the said locations, there has been no recorded incident that has endangered any member of the public, passengers, or staff associated with them.
Source: UGC
Who are the interested parties in the matatu Saccos case?
In the case, they have also sued the Energy and Petroleum Regulatory Authority, while naming Total Kenya, Ola Energy Kenya and Vivo Energy Kenya as interested parties.
Other interested parties include Rubis Energy Kenya, National Oil Corporation of Kenya, Luqmaan Petroleum LTD and Astrol Petroleum Company LTD.
Omari told the court the directive would interrupt essential transport services during the busy December period.
According to court documents, thousands of commuters could be left stranded if the directive takes effect.
Omari added that delaying conservatory orders may render the case useless because the Saccos’ operations could be damaged beyond recovery, causing heavy economic losses and public inconvenience.
“A delay in granting conservatory orders will render the petition nugatory, as the petitioners’ operations may be irreversibly halted, leading to significant economic losses and public inconvenience,” Omari said.
The operators argue that their constitutional rights to equality, fair administrative action and socio economic stability are being violated.
They want the court to issue conservatory orders stopping the Nairobi County Government from interfering with their operations at the above named petrol stations.
They also want enforcement support from the OCS Kamukunji and OCPD Starehe should the orders be granted.
Source: UGC
What new rules did Nairobi issue to matatu operators?
TUKO.co.ke previously reported that Nairobi county introduced fresh directions aimed at improving order and cleanliness in the CBD.
The county said too many matatus remain parked at stages overnight, which slows down night cleaning and leaves some areas in poor condition.
The new rules required operators to clear stages during cleaning hours, keep their vehicles tidy and manage waste through licensed service providers.
They were also expected to avoid loud music and hooting that causes disturbance within the city.
Source: TUKO.co.ke
