THE Nairobi county government has asked the High Court to lift orders that suspended the enforcement of new parking fees on public service and personal vehicles.
Through lawyer Tom Ojienda, the county government and the Nairobi City County Board yesterday told Justice Isaac Lenaola that the orders should be lifted because the seasonal tickets have expired and there is no reason for the order to be maintained.
"The matatu operators approached the court ex-parte and obtained orders on December 19, 2013 with far reaching implications on the Nairobi county government as the orders threaten to deprive the county of its legitimate revenue parking fees without a remedy," Ojienda said. He said granting the order only causes further revenue loss to the county government.
In the judgment, Lenaola said the court cannot decide what fee is reasonable, convenient or proper to be levied. He said he cannot direct the Nairobi county government on how to exercise its duty of levying fees.
But the PSV operators, through lawyer Harrison Kinyanjui, have already filed a notice of appeal against the judgment issued.They said they stand to suffer should the parking fees contained in the Nairobi county Finance Act 2013 be effected anytime now.
"We already have paid for the month of December 2013 and it will be unfair and unreasonable to be required to make payments over and above what we have already paid," they say.
They also say Lenaola failed to address why a blanket parking fee on a daily rate should be levied by the county government yet the public service operators use Nairobi as a transit point sometimes and therefore enter the city for a limited time.
But Ojienda said the matatu operators never approached the county government to present their grievances. The case will be heard on January 13.