Last chance saloon for PSV owners on night travel ban
16 January 2014, 13:08
Nairobi - PSV owners have got a slight reprieve as the High court
allowed their case to be heard and determined pursuant to an earlier directive
to await a judgment on another case on the government's ban on night travel.
The hearing of the bus owners’ case challenging the legal gazette
notice on the night travel ban by public service vehicles was granted and set for
next week on Friday by Justice George Odunga.
“I direct the matter be heard expeditiously and extensively,
on January 24,” judge Odunga said.
The judge also asked the bus owners to file further court
documents within three days with regards to their case while the transport
Cabinet Secretary and the National Transport and Safety Authority to respond in
the same time frame after the bus owners have submitted their documents.
Bus owners demanding that their case needed to be heard and
determined and declined to have it merged with the other case which involved
four public service vehicles travel companies.
The bus owners through lawyer Harrison Kinyanjui wanted
the court to temporarily grant an order lifting the night travel ban on PSVs
subject to the new regulations announced by Eng Michael Kamau last December.
Justice Odunga however declined to accede to their request
and said that it will be tough to grant the orders as sought.
“You can be sure your request can’t be granted, the matter
will be kept in buoyancy,” the judge said.
While insisting on why the case should not be considered
similar as the one ruled on Tuesday, Mr Kinyanjui said their case has a direct
impact on the country’s economy and in failing to be heard, the impression that
cabinet secretaries can always obtain court orders and rulings in their favour
The four PSV travel companies told court that in totality
issued raised were weighty.
State lawyer Stella Munyi who represented the transport
Secretary, the Principal Secretary department of transport, Inspector General
of Police and the Traffic Commandant in both cases insisted that Tuesday’s
ruling was final as all parties were treated fairly.
Ms Munyi said there was no reason for the court to commence
a sitting on a matter that had already been heard and determined as the bus
owners’ claims are impounded.
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