Nairobi, Kenya: The High Court has allowed an umbrella group of bus operators to file a contempt case against Transport Cabinet Secretary Michael Kamau and National Transport and Safety Authority Director General Francis Meja.
Justice George Odunga granted orders to Kenya Country Bus Association, which had petitioned the Government over a legal notice outlawing the night movement of their vehicles and new digital speed governors but were prompted to seek the court's relief when their pleas were not honoured.
In his ruling made yesterday, Justice Odunga said the operators were at liberty to commence contempt proceedings against Eng Kamau (pictured) for refusing to obey the court's decision.
The court had barred him from continuing with implementation of new regulations and also ordered him to consult the public with a view to making the rules in line with the Constitution.
"The applicant is at liberty to sue for contempt of court against respondents," Odunga ruled.
In an application by their lawyer Harrison Kinyanjui, the association told the court that Kamau had continued to enforce the laws nullified by the court and police had arrested buses associated with it over night travel and lack of the new digital speed governors.
The Government in December last year introduced stringent requirements for night travel. It argued that the court only termed the regulations "null and void" but did not give any order cancelling it.
"You cannot enforce laws that have been declared null and void by the court. They are illegal directives in a non-existent legal notice," Kinyanjui had told the court.
The court also allowed the association to institute contempt proceedings against Traffic Commandant Charlton Murithi on the same grounds. However, the Government maintains that the regulations have so far reduced the number of deaths on the roads.
Odunga, however, noted that the application was not beneficial to either side. "Granting the orders will not be of benefit to either party," he said.
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