The Milimani High Court on Monday issued the Attorney General(AG) Paul Kihara and Treasury Cabinet Secretary Henry Rotich a 10-day ultimatum to respond to a petition filed by Nairobi Governor Mike Sonko.
The petition challenged the new requirement for boda boda and tuk tuk operators to acquire mandatory third party insurance that was proposed in the 2019/20 budget.
Justice Weldon Korir certified the case filed as urgent, stating that there are “weighty constitutional issues raised in the case which call for expeditious determination.”
Reports by Nation stated that Francis Kalwa, the lawyer who filed the petition told Justice Korir that Rotich and the AG, who were named as defendants, had not responded to the suit by the city governor and other politicians despite being served with the pleadings.
The petitioners asked the court to restrain the Treasury CS from implementing the proposal in his 2019-2020 budget, on grounds that it would lead to massive unemployment and huge loses.
They further argued that the proposal ought to have been subjected to public participation before it's introduction during budget reading.
The petitioners of the case alongside Sonko included Gatundu South MP Moses Kuria, his EALA counterpart Simon Mbugua, politicians Kalembe Ndile, Reuben Ndolo, Stanley Livondo and Kevin Mubadi.
In an affidavit, Sonko claimed that the operators would find themselves in a position where they would be required to pay excessive and obstructive fees in the form of third-party insurance without being given an opportunity to debate or discuss the approval.
Sonko also disclosed that the constitution obligates Parliament to formulate legislation to manage urban areas and cities and the legislation must provide for the participation of remedies in the governance of urban areas and cities.
Past reports by The Star indicated that the Boda boda Safety Association of Kenya Chairman Kevin Mubadi protested it was unfair for the CS to impose more charges on them with the current hard economic times.
The decision to go to court was inspired by the realization that Kenyans' rights were being infringed. This revelation led to the formation of Team Wanjiku that is neither affiliated to Kieleweke nor Tanga tanga.
