Mombasa county government yet to respond to suit file by an NGO.
Justice Chepkwony stayed the suspension order in form of leave to enable the applicant to file an application for judicial review and have the orders permanently set aside.
Mombasa Governor Hassan Joho on Thursday suffered a blow after the High Court lifted a ban on the registration of new tuktuks that his administration issued five months ago.
Justice Dorah Chepkwony suspended the ban after a human rights group protested the move claiming it rendered many youth jobless.
Justice Chepkwony further directed Commission For Human Rights and Justice (CFHRJ), which had sued the governor, to file the main application and serve to the respondents, who are the clerk and county government before the matter is set for hearing.
Did not appear
The respondents, however, neither appeared in court nor had legal representation as had been ordered by Justice Erick Ogola last month.
Following lack of appearance by the respondents, Justice Chepkwony stayed the suspension order in form of leave to enable the applicant to file an application for judicial review and have the orders permanently set aside.
Staying the suspension order issued by Mr Joho paves the way for registration of the new tuktuks until hearing and determination of the suit challenging the ban.
In a sworn affidavit, CFHRJ executive director Julius Ogogoh had argued that banning new registrations was ill advised and does not fall within the law.
He also argued that tuktuk operators were not given an opportunity to be heard before the directive was issued.
“If the ban is not challenged, all the commuters and owners of the three wheelers and the operation of the business will be negatively affected since they entirely rely on the same for their daily income,” Mr Ogogoh said in court papers.
The county government is yet to respond to the suit.
