No change in parking fees as radio host loses case against City Hall

By Evelyn Kwamboka

Nairobi residents will have to bear the higher parking fees imposed by the City Council.

Yesterday, the High Court dismissed a case filed by radio host Fred Obachi Machoka challenging the increment of the fee to Sh140.

"To my mind, it is a worldwide phenomenon that parking in the Central Business District is made deliberately expensive to decongest them," Justice Joseph Nyamu said.

He also said the case was defective since it did not challenge or make any reference to the October 1, last year gazette notice published by Local Government Minister Musalia Mudavadi.

The City Council had passed a statutory resolution proposing that various categories of fees, rent and charges pertaining to goods and services rendered within its jurisdiction be reviewed, subject to ministerial consent.

Approval Obtained

Guided by the resolution, the council applied to the Local Government Minister and obtained approval for a revision.

The fees were then raised from Sh70 to Sh140, leading to a public outcry and the veteran radio presenter moved to court.

But yesterday the judge said: "The court has taken into account that before any approval of the increases the law did allow objections, yet the applicant did not object at that stage."

Unreasonable reasons

Justice Nyamu said Machoka did not show the court that the reasons given for the increase were either unreasonable or did not meet the proportionality test.

Through his advocate Assa Nyakundi, Machoka sought a court order to quash the decision and bar the council from charging the new fees.

When the fee was increased last year, Mr Mudavadi defended the rate, saying private bays charge Sh100 for an hour, and one ends up paying Sh500 a day.

"So if you compare that with Sh140, there is really no issue here. We are targeting people with means because somebody with a car is not a poor man. This is a small figure," he said.