Bid to quash petrol station matatu termini ban flops

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Bid to quash petrol station matatu termini ban flops


PETROL-PRICES

A customer attendant at Total petroleum station on Kimanthi Street, Nairobi. NMG PHOTO

Summary

  • The High Court has declined a request by matatu saccos to quash decision of Nairobi County to ban use of petrol stations as matatu termini.
  • Justice Jairus Ngaah said City Hall’s decision was not irrational or illegal since it is mandated to manage all matters pertaining to traffic, parking and public transport.

The High Court has declined a request by matatu saccos to quash decision of Nairobi County to ban use of petrol stations as matatu termini.

Justice Jairus Ngaah said City Hall’s decision was not irrational or illegal since it is mandated to manage all matters pertaining to traffic, parking and public transport.

He stated that a case filed by three matatu saccos -Kinatwa, Kangunex and Makos lacked merit. He observed that as early as 2017 the county government had informed the three through a gazette notice that their designated terminus was at Country Bus station.

The saccos wanted court to quash a notice issued by the county on October 3, 2019, saying they have been operating at Oillibya petrol station on Tom Mboya Service Station, next to Afya Centre since 1998 based on contracts signed with the owner.

Mr Jones Maithya Muindi, chairman of Kangunex Sacco, said between them they had a fleet of 250 vehicles and that the ban was against their legitimate expectation, considering they were not given alternative place from which to operate.

However, Ms Gladys Wanjiku, the Deputy Director Parking Services in Nairobi City County, told court that notice was issued in good faith and it was in the interest of the general public due to the danger petrol stations pose owing to their flammable products.

Justice Ngaah said evidence showed the she Saccos were misleading the court and dismissed the suit with costs.

“They have not complained about the gazette notice designating their terminus but have, instead, chosen to operate from their own undesignated terminus in clear breach of the Gazette Notice of May 2017,” said the judge.

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