Sam Kiplagat
6 May 2008
Nairobi — The High Court Monday reversed an earlier order allowing matatus owned by 18 operators access to the Nairobi central business district.
In March, the High Court allowed the 18 owners to operate their 39 vehicles up to the CBD. The owners had successfully argued for the suspension of new by-laws on their vehicles.
The by-laws were introduced by the Local Government minister through a Kenya Gazette Notice number 21 of 2008.
After publishing the by-laws, the City Council barred matatus from entering the CBD.
The vehicles plying Town-Eastlands routes were ordered to drop and pick up passengers at the new Muthurwa Market.
Minister's orders
The 18, however, went to court and asked for the suspension of the minister's orders. They argued that the minister was biased by allowing only three selected operators into the CBD.
They further said it was in the public interest to have their vehicles enter the CBD because Muthurwa bus terminus was chaotic and caused traffic congestion on Jogoo Road.
On Monday, Mr Justice Joseph Nyamu said the council must have considered public interest while publishing the by-laws. "On the issue of public interest, I rule that on a tentative basis, there cannot be a greater public interest concerning traffic matters than achieving the smooth flow of traffic, order and discipline on our roads," said the judge.
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I think the common man is the looser all the time. Why shouldn't the government allow the matatus in town between 6.30pm and 6.30am. Their is no security in the new bus stage regardless of what the police say. I have been there from 4 am and i can say with authority i did not see any policeman. Why shouldnt the minister discarage motorist from using private vihecles and leave the matatus serve the common man? A private motorist has a choice either to use his car or use public transport but a common man doesn't have any choice. Or they can push all the PSVs going upcountry to muthurwa. Since people do not go upcountry every day i think their will be less inconiviniences.