Nanyuki Municipal council barred from collecting levies
20 August 2012, 10:32
The High Court in Nyeri has barred the Nanyuki Municipal Council from collecting levies from matatus using its old bus park over the poor state of the facility and poor sanitation.
Justice Joseph Sergon ordered the council not to collect revenue in the park until it provides toilets, a watering point, collects garbage and repairs the potholes in the park.
The Judge also ordered the council to allocate one matatu co-operative a parking berth at the new bus stage in order to restore order at the old bus stage.
Six rival matatu co-operatives, in a case filed by lawyer Wahome Gikonyo, had gone to court seeking restraining orders against the Municipal Council which they accused of abdicating its statutory duties of keeping the bus park in good order to the detriment of the matatu operators and their customers.
Nyakati Investments SACCO, Nanyuki Express Cabs Services SACCO, Nyena SACCO, Menany SACCO, DATIMA SACCO and Nanaiso Sacco said in their affidavit filed before Judge Sergon that the council had failed to build toilets in the bus park in spite of their many letters of complaint and demonstrations over the lack of the facilities.
They added that the bus park has remained without the facilities after the old ones were condemned by the Department of Public Heath and demolished over low hygiene.
The co-operatives also wanted the council compelled to restrict their rival, 2NK SACCO, to their designated berth at the new bus stage, saying that their being allowed to operate from the old bus park had brought disorder and insecurity in the matatu business.
Judge Sergon granted all their prayers and issued orders restraining the council from collecting fees or impounding the six SACCO members vehicles until the August 29 when the case comes up for hearing.
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