The High Court summoned Transport Cabinet Secretary Kipchumba Murkomen on Monday, March 20, over the Ministry's failure to implement orders regarding the construction of toilets along highways.
Justice Ogutu Mboya directed Murkomen to appear before the Court on September 20, 2023, to shed light on the progress of the directive issued in 2020.
In its 2020 directive, the Environment and Lands Court directed the Ministry to formulate a policy on building toilets along all highways.
At the time, the Ministry was managed by former Transport CS, James Macharia.
Murkomen's Principal Secretary, Joseph Mbugua, had filed an affidavit in Court indicating the status progress of the directive.
"The CS, with the cooperation of the agencies listed, has developed draft regulations on the roadside stations dubbed. The Kenya Roads (Roadside Regulations) 2023.
"The draft regulations are currently in the process of adoption in accordance with the provisions of Statutory Instruments Act no.23 of 2013," read the affidavit in part.
Justice Mboya determined that Mbugua's explanations were unsatisfactory.
The 2020 directive was issued after a petition filed by Adrian Kamotho argued that the lack of toilets along highways infringed on Article 42 of the Constitution, which stipulates that every person has the right to a clean and healthy environment.
"The Cabinet Secretary in charge of transport shall constitute and chair the Working Group, which will include representatives of all the Respondents, to formulate the policy for the provision of toilets and other sanitation facilities on the country’s road network to give effect to the right to a clean and healthy environment on the roads.
It (the national transport policy) should incorporate toilets and other sanitation facilities as part of the roadside developments in the road designs for existing and new roads, and designate a sufficient number of such facilities on road stops on the national and international trunk roads," read the court directive in part.