The High Court in Nyeri has granted the County Government of Nyeri and matatu operators one more month to resolve the stalemate barring the relocation of matatus to the Sh 600 million Field Marshal Muthoni Kirima Bus Park.
While granting the two parties in the suit a 30-day’ extension, Justice Kizito Magare has also extended the interim orders stopping the County Government from relocating the Matatu operators from the Nyeri Central Business District (CBD) to the ultra-modern bus park awaiting the outcome of the mediation process.
According to Justice Magare, should the parties fail to come to a consensus, the matter will be heard and determined by the court at the lapse of the time extension.
“I will give you the 30 days that you have requested. If you do not agree, I will have to decide on the matter,” stated Justice Magare.
Earlier, the court heard that a meeting between the seven matatu saccos (the petitioners in the matter) and the County Government was convened on January 16. In his submissions, the counsel for 2NK Sacco, Nyena Sacco, 4NT Sacco, Namuga Sacco, 3NCK Sacco, NIM Sacco, and Gakanango Sacco, Mr. Waweru Kiragu, said that the parties unanimously agreed to seek more time after failing to settle the matter.
“We met and discussed the matter, and we arrived at a conclusion that we may need more time. So together with the counsel for the respondent, we agreed to request 30 more days,” said Kiragu.
The seven matatu saccos moved to court on November 4 last year, seeking orders to block their planned relocation to the new terminus by the County Government. They told the court that the Executive Order to vacate the three bus termini within Nyeri CBD was issued against the principle of adequate public participation and accountability as enshrined in the constitution.
They also argued that the order issued by the County Executive in charge of Transport and Infrastructure, Eng Abdi Hanif Hussein, showed bias and discrimination against the Matatu operators’ place of business. Further, they termed the order as a threat and an attempt to finish their matatu business and their business goodwill, given that the county was pushing them to a new and unknown setup far from Nyeri CBD.
Additionally, the petitioners told the courts that they had taken loans from Saccos and banks, and they may not be able to meet their monthly financial obligations of loans alongside county fees and licenses due to loss of revenue occasioned by the relocation.
While issuing the conservatory orders halting the removal of the petitioners from the Nyeri CBD on November 15, 2024, Justice Kizito Magare stated that the notice had failed to consider public interest in the orderly and smooth implementation of the policy.
According to Justice Magare, the county government failed to put into consideration the immediate ramifications that the notice would have on both the county government and the matatu operators.
But the county government also moved to the High Court on November 26 seeking to lift Justice Magare’s orders. The county said that the petitioners had obtained the conservatory orders through misrepresentation and deliberate concealment of facts.
Furthermore, the county argued that the conservatory orders are discriminatory and only factored in the eight petitioners, leaving out other Public Service Transport providers operating in the Nyeri CBD.
“The conservatory orders are discriminatory as they only apply to the petitioners in the midst of other Public Service Transport Providers and the orders granted will result in complete chaos should the respondent attempt to effectuate the impugned notice against the rest of the affected persons who are not petitioners,” said the County Attorney Kimani Racuiya, in his response.
The county has also cited continued loss of revenue on their part, on account of poor regulation of public Transport Parking within Nyeri town resulting from the court order. They said that matatu operators will not suffer any loss as their economic activities will not be halted by the relocation to the new terminus.
The case will be mentioned on March 4.
By Wangari Mwangi and Geofrey Chaura
