Court stops City Hall from increasing parking fees

By Judy Ogutu

The City Council of Nairobi will have to wait for 30 days before it can increase charges of parking fees within the Central Business District.

This follows a High Court order issued yesterday afternoon by Justice David Maraga.

The judge said he was satisfied Kaka Travellers Co-Operative Savings and Credit Limited and a motorist — Henry Mwingirwa Nkure — had raised a prima facie (on the face of it) case to allow for granting of the temporary orders. He also allowed them to apply for orders challenging the decision by the City Council of Nairobi.

"I am satisfied the applicant has made out a prima facie case for grant of leave and I order that leave do operate as a stay for a period of 30 days," he ordered.

The council is alleged to have unilaterally increased parking fees from Sh140 to Sh300 a day for saloon cars and from Sh800 to Sh1,000 for lorries with effect from November 1, 2010.

Kaka’s advocate, Harrison Kinyanjui, had argued the council is mandated to follow statutory procedure while issuing such directives.

The city council, through its advocates, Evans Monari and Kennedy Ogeto, argued that no ground had been cited to show the correct procedure was not followed as the gazette notice was issued on October 15. He accused the two applicants of mischief, saying no reason had been given to show why the suits had not been filed earlier.