City Riders Sacco & 11 Others v County Government of Nairobi & 3 Others [2016] KEHC 2151 (KLR)
- Court
- High Court of Kenya
- Case number
- 2151
- Citation
- [2016] KEHC 2151 (KLR)
- Decided
- 31 October 2016
The Court finds no violation of the Petitioners' rights or any contravention of the law by the Respondents.
Facts
The Petitioners are boda-boda riders registered under the Cooperative Societies Act and the Transport Act. They claim the County Government of Nairobi has violated their rights by stopping them from operating within the Central Business District (CBD).
Issues
- Whether the County Government of Nairobi has the mandate to regulate motorcycle taxis within the CBD.
- Whether the Petitioners are entitled to operate within the CBD as per their registration under the Cooperative Societies Act.
Reasoning
The Court holds that the County Government of Nairobi has the constitutional mandate to regulate public transport matters within Nairobi City County, including the regulation of traffic and parking within the CBD. However, the registration by the Commissioner of Cooperative Societies does not grant the Petitioners the right to operate outside the Regulations and laws enacted by the County Government.
Outcome
The Petition dated 20th November, 2015 is hereby dismissed for want of merit.
Orders
- The Petition dated 20th November, 2015 is hereby dismissed for want of merit.
- Each Party shall bear its own costs.
Authorities cited
Legislation (4)
- Cooperative Societies Act
- Transport Act
- Constitution of Kenya
- Fourth Schedule to the Constitution
Cases cited (1)
- Kenya Taxi Cabs Association (suing through its registered officials) Peter Waweru Mburu and 4 Others vs City Council of Nairobi, Petition No. 37 of 2012
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