Republic v Nairobi City County Government & 6 others Ex Parte Mike Sonko Mbuvi [2015] KEHC 2127 (KLR)
- Court
- High Court of Kenya
- Case number
- 2127
- Citation
- [2015] KEHC 2127 (KLR)
- Decided
- 15 October 2015
The court needs to view and witness for itself the 2 points along Thika Superhighway where traffic gridlocks build up due to unwarranted bumps and rubble strips.
Facts
The ex parte applicant, Hon. Mike Sonko Mbuvi, seeks an order compelling and directing the 2nd and 4th Respondents, the Cabinet Secretary in charge of Infrastructure and the Kenya Highway Authority, to remove bumps and rubble strips along Thika Superhighway at specific points.
Issues
- Impact of traffic jams caused by the 4th Respondent's inaction on Thika Superhighway.
- Whether the court has the power to view and witness the impact of the bumps and rubble strips for a proper determination of the orders sought.
Reasoning
The court deems it necessary to assess the impact of traffic jams caused by the 4th Respondent's inaction at the 2 points of Thika Road superhighway, as the provisions of Order 53 of the Civil Procedure Rules do not prescribe the process for such a determination.
Outcome
The court will view and witness the 2 points along Thika Superhighway to determine the impact of the bumps and rubble strips.
Orders
- The court will view and witness the 2 points along Thika Superhighway to assess the impact of the bumps and rubble strips.
- The court will exercise its discretion based on actual facts fully verified by the court as opposed to without such evidence.
Remedies
- Removal of bumps and rubble strips along Thika Superhighway at the specified points.
- Ensuring pedestrians use provided footbridges along the Thika Highway.
Authorities cited
Legislation (3)
- Traffic Act, Cap 403
- National Transport & Safety Authority Act
- Urban Areas and Cities Act
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