Bus operators: Government insincere on night travel
24 March 2014, 23:08
Nairobi - Bus operators have blamed the government of being insincere in their resolve to defend the controversial ban on night travel.
operators were back in court Monday seeking to force the government to allow
night travel for Public Service Vehicles.
operators want the suspension on the night travel to be completely removed as
there is no actual regulation for the government to insist on its enforcement.
alleged that the night travel regulation was secretly revoked by the Transport
Cabinet Secretary Michael Kamau through a notice in the Special Gazette without
involving their participation or informing court while being aware of the
impending case challenging the said regulation.
Kenya Country Bus owners Association, Mbukinya Bus Services, Crown Bus Service,
Kampala Coaches, Traticom Enterprises, Ugwe Bus Services, Trisha Collections,
Panther Travels and Neno Courier Services further alleged that Eng Kamau was
aware that the regulation on night travel was illegal as it had not been passed
in parliament and hence the manner in which that law was revoked while taking
full advantage of the court’s decision as well as the bus operators.
believe if there was any compliance with the Eng. Kamau he would have involved
Parliament and Senate in advising us immediately and would have tabled such
evidence before court,” said Country bus owners Association Chairman Paul
a bitter sweet judgment delivered by Justice George Odunga on March 14, he had
ruled that the night travel regulation should be well formulated by the
Transport Cabinet Secretary and the national Transport and Safety Authority and
evidence tabled in court within 60 days.
blame their woes to Eng Kamau for making and publishing the revocation notice
on March 10 and 11 respectively three days prior to the ruling and pretending
thereafter that it was still in force for passengers’ safety.
bus operators alleged that there was no need to revoke the regulation and then
have it suspended whilst there was a case pending and without informing the
public and most specifically them.
claim that Eng. Kamau has adamantly declined to permit them to operate at night
despite the fact that their TLB licenses were declared valid.
a result they also claim that this has caused them suffering and losses
considering the fact that they had taken loans to set off their businesses.
discovered on Thursday that Eng Kamau rendered the revocation notice before the
ruling, he knew indeed he had removed this new night travel regulation from
realm of legality, the act is non-ethical and hypocritical to purport to
enforce that which is non-existent,” said their lawyer Mr Harrison Kinyanjui.
which is the mother factory of the challenged regulation only asked for more
time to respond to the suit.
High Court judge Odunga who insisted on hearing the case at the time,
questioned on the existence of the new regulation on the night travel.
that law exist? If it does that is what should be discussed, the Transport
Cabinet Secretary cannot say he is acting in pursuant with my ruling,” said the
allowed the case which had been filed urgently terming issues raised as of
serious and grave concern.
also ordered that Eng. Kamau, the Principal Secretary of State department of
Transport, NTSA, the Inspector General of Police, the Traffic Commandant and
the Attorney General to ensure that they are present in court for the hearing
on March 26.
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