Tuesday, October 8, 2013

Court stops increment of parking fees in Nairobi





A clamped wheel of a car at the Kenyatta International Conference Centre. The High Court has stopped parking fees increment in Nairobi. PHOTO/FILE

In Summary
Saccos claimed that the new parking fee were a violates County Finance And Traffic Acts
Public service vehicle operators will suffer economic loss
The High Court last year stopped Nairobi City Council from increasing parking fees

 By MAUREEN KAKAH
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The High Court on Tuesday stopped any increment of parking fees in Nairobi County until a case filed by 26 Nairobi Metropolitan public service vehicle Saccos is determined.

Mr Justice George Odunga barred Nairobi County Government and Nairobi City Council Board from imposing, charging or levying increased charges until the matter is resolved.

The Nairobi Metropolitan public vehicle service Saccos claimed that the new parking fee charges, that were to be effected on November 1, were a violation of the County Finance And Traffic Acts.

Lawyer Harrison Kinyanjui told court that although the County government of Nairobi had the power to impose parking fees, it cannot override the Traffic Act and that public service vehicle use the city daily as individual members and individual vehicles.

“This is not a demand made out of the blue, it is a requirement of the County Government Act and County Government of Nairobi should not be allowed to violate the law,” Mr Kinyanjui said while insisting that orders sought apply solely to parking fees.

He argued that public service vehicle operators will suffer economic loss if the fees are increased.

He said the matatu operators group had written to the Nairobi County government to question the specific violations and had requested for a response within three days.

The group was also allowed to advertise in local daily newspapers with national circulation the orders made in the suit in the public interest as well as enjoinment of other interested parties.

The new law, which received approval with its publication in the County Gazette and the County Budget and Appropriation Committee, had proposed to raise fees for saloon cars parked in the CBD to Sh300 and Sh200 for those parked outside the CBD.

According to the County Finance Bill that authorizes a sharp increase in fees, taxes and service charge, parking in the Nairobi Central Business District is to increase to Sh300 from the current Sh140.

Parking in non-automated areas within the CBD is to go up by Sh200 Sh400 while automated parking will attract a charge of Sh50 per hour.

Motorists seeking monthly seasonal parking tickets will part with Sh5,000 from Sh2,000, while those on quarterly season tickets will pay Sh12,000 from Sh5,500.

The High Court last year stopped Nairobi City Council from increasing parking fees within the Central Business District, court heard.

The case will be heard on October 29

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