An order stopping the Nairobi county government from increasing parking fees has been upheld.
Justice Isaac Lenaola rejected a request by the county government to overrule the stay orders against the county government and instead extended it.
On October 8, the order was granted after matatu operators lodged a complaint at the high court in protest of the increased parking levy terming it an illegality.
The county government had alleged that operators obtained the order “without sufficient disclosure” and wanted it vacated since it was preventing “the collection of much needed revenue.”
It was said that for the sake of the “balance of convenience”, the orders given by Justice George Odunga on October 8 ought not to have been granted.
The mandate to control public transport, traffic, parking as well as the fiscal capacity and efficiency of a county government in line with the annual County Allocation of Revenue Act were also cited as reasons to dismiss the order.
“Challenging the enforceability of the Nairobi City Council’s Finance Act 2013 at a time when the Act is already passed and the various taxes, fees or charges for services and other revenue raising measures have already been stipulated against expenditure threatens to stall and muzzle operations of the Nairobi county government,” County Secretary Lilian Ndegwa said in a sworn affidavit.
Through lawyer Harrison Kinyanjui, matatu operators in Nairobi claimed that the new parking fee charges that were to effected on November 1 were a violation of the County Finance and Traffic Acts.
FROM SH130 TO SH300
On Friday, Mr Kinyanjui told the court that the operators questioned the rationale behind the parking fee increment as there was no justification of the rise from Sh130 to Sh300 irrespective of whether one parks for only a few minutes in the city.
He added that they were also not involved in the decision making which is a violation of the constitution.
“The people of Nairobi should know if they should pay lawful or unlawful charges…the Traffic Act prescribes the manner in which the parking fees should be levied, you cannot pay parking fees if you spend only a few minutes at a parking bay at the same rate as someone who is spending the whole day there.,” Mr Kinyanjui said.