Transport CS Macharia sued over highway toilets

Transport and Housing CS James Macharia. FILE PHOTO | NMG

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  • In a petition, lawyer Adrian Kamotho also wants Council of Governors cited for contempt for failing to constitute a working group to come up with the policy as directed by a judge early this year.

Transport Cabinet Secretary James Macharia might land in trouble after an advocate sought to have him jailed for failing to come up with a policy that would ensure provision of public toilets on major highways.

In a petition, lawyer Adrian Kamotho also wants Council of Governors cited for contempt for failing to constitute a working group to come up with the policy as directed by a judge early this year.

Justice Kossy Bor had directed the CS in January form a group of representatives from the council of governors, Kenya National Highways Authority, Kenya Rural Roads Authority and Kenya Urban Roads Authority. The group was tasked with formulating the policy for the provision of toilets and other sanitation facilities on the country’s major road network.

Travellers to upcountry and those heading to coast usually relieve themselves in the bushes or in hotels along the highways.

But despite serving the order, Mr Kamotho said the CS is reluctant or has refused to constitute the committee as directed by the court.

The lawyer said a court order is not a mere proposal or suggestion but rather “a binding directive that is issued after judicial reflection, hence the need for utmost compliance by all persons”.

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