, NAIROBI, Kenya, Sept 2 – The High court has temporarily barred the City Council of Nairobi from charging parking fees from motorists visiting the city’s Ukay and Westgate shopping malls.
In his ruling following an application by lawyer Azim Taibjee, under a certificate of urgency, Vacation Judge Luka Kimaru ruled that the council be temporarily restrained from charging any parking fees pending the hearing of an inter-parties application by the two shopping malls’ property developers.
The ruling by Justice Kimaru sitting at the Milimani Commercial Courts comes hot on the heels of a protracted struggle between the council and tenants at the two shopping malls following a recent invasion by City Council parking attendants.
The ruling will also come as a relief for motorists who had been paying parking fees in the precincts of privately owned malls.
An inter-partes hearing of the case has now been set for October 5.
While appearing for Parkview Shopping Arcade, River View Plaza and Jewel Plaza the proprietors of the parking lot plots leased to the developers of Ukay and Wetsgate shopping malls, lawyer Taibjee had sought a temporary injunction restraining the city council from interfering and trespassing on his clients’ properties.
Justice Kimaru also granted leave for both plaintiffs and the defendants to file further affidavits by September 30.
In the protracted tussle between the City Council and Ukay and Westgate property developers, the city council was accused of illegally trespassing into private property and seeking parking fees from shoppers visiting the two shopping malls.
In a sworn affidavit, Felix Kikwawi on the plaintiffs’ behalf explained that the local authority’s move to charge parking outside the two malls had adversely affected the tenants who are now incurring heavy losses attributed to the constant harassment by the council parking attendants and askaris.