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Kenya: Spat At Council Over Parking Contract
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The Nation (Nairobi)
10 May 2008
Posted to the web 12 May 2008
Edmund Kwena And Amina Kibirige
Nairobi
Disagreements have arisen at the Mombasa Town Hall over the cancellation of a parking services contract run by a private company.
Town Clerk Wisdom Mwamburi, whose advice was ignored by Mayor Ahmed Mohdhar, on Friday said that the contract signed between the council and Kenya Airport Parking Services (KAPS) was still legally binding.
But in reply, Mr Mohdhar accused the council's chief officers of lacking respect for his office and warned that he had resolved not to work with them anymore.
He ordered all the 110 council staff seconded to KAPS to report back to the council and told motorists not to pay parking fees until further notice.
"As a council, we call upon all motorists not to pay parking fees," said Mayor Mohdhar, adding that owners of clamped vehicles should report to his office.
Mr Mwamburi said that the contract could not be revoked because of a court case filed by a Mombasa lobby group.
"Revoking the contract will be in contempt of court. I have advised the council against it," he said.
He was referring to a case filed by the Coast Residents Platform that has sued the KAPS and KAPS Municipal Parking Services Limited, claiming that their operation was illegal and unfair.
According to court documents, the lobby group claimed that the council secretly entered into a partnership with KAPS Municipal Parking Services in complete disregard of the mandatory provisions of the Local Government Act and sections of the Exchequer and Audit Act that require invitations for tenders and competitive bidding for goods and services.
Collect fees
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The partnership was for the purpose of managing parking lots within the jurisdiction of the council and collect parking fees for vehicles parked in designated areas of the town.
The deal provided that the revenue collected, which is in excess of Sh6 million per month, be shared at a ratio of 1:3 between the council and KAPS Municipal Parking Services, an agreement the lobby group benefitted the parking fee collector at the expense of ratepayers.
Although the decision to revoke the contract was passed at a full council meeting, Mr Mwamburi said that he would write to the Local Government PS to explain his reasons for objecting.
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