Court extends order against new parking fees

Several precedent-setting cases have been made by courts this year with some reaching the Supreme Court, the highest court in the land. FILE PHOTO | NMG

What you need to know:

  • The High Court has extended an order suspending the plan to double parking fees in Nairobi until a case filed by the Consumer Federation of Kenya (Cofek) against City Hall is determined.
  • The ruling by justice James Makau offers city motorists further reprieve. The Cofek case will be heard on February 17, 2020.
  • Justice Makau further directed all the preliminary applications for and against the Cofek case be withdrawn to fast track the disposal of the suit.

The High Court has extended an order suspending the plan to double parking fees in Nairobi until a case filed by the Consumer Federation of Kenya (Cofek) against City Hall is determined.

The ruling by justice James Makau offers city motorists further reprieve. The Cofek case will be heard on February 17, 2020.

Justice Makau further directed all the preliminary applications for and against the Cofek case be withdrawn to fast track the disposal of the suit.

Cofek has named the Nairobi City County Government as a defendant. The county is represented by lawyer Harrisson Kinyanjui.

The consumer lobby sued the county government following its move to double parking fees within the central business district from Sh200 to Sh400 effective from December 4, 2019.

City Hall had issued a notice on December 2, 2019.

The two-day notice also raised seasonal parking rates. Seasonal parking charges for 14-seater matatus were increased from Sh3,650 to Sh5,000, 32-seater (from Sh5,250 to Sh8,000), and 51-seater vehicles (buses) from 7,500 to Sh10,000.

In its case, Cofek said the new rates will have a negative ripple effect on city residents.

It 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.

Justice Makau certified the Cofek case urgent then stayed the implementation of the announcement by City Hall’s director of parking until the hearing and determination of the petition.

Motorists will continue to pay the old rate as they await the ruling on the matter.

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