, NAIROBI, Kenya, Jan 23 – The City Council of Nairobi says its decision to hike parking fees to Sh250 beginning this Monday is legally binding and does not affect a case filed by a group of matatu owners which is still pending in court.
Through lawyer Ken Ogeto, the council said it obtained an order on Friday after entering into consent with a motorist—Henry Mwingirwa Nkure—who had also moved to court to challenge the intended increment of the fees from Sh140 to Sh300.
In an interview with Capital News on Sunday, Mr Ogeto said the remarks made by lawyer Harrison Kinyanjui who is representing Kaka Travellers Co-operative Savings and Credit Society Ltd to the effect that the council will be acting in contempt of court are misleading and out of context.
“Mr Kinyanjui was challenging parking fees for 14 seater matatus and not private cars. Mr Kinyanjui should therefore, desist from misleading the public,” Mr Ogeto said and warned that “I want to caution him that if he persists in giving the public his unsolicited comments which fly in the face of a court order issued on Friday by Justice Musinga we will not hesitate on behalf of the city council to take action against him including citing him for contempt of court.”
A Court order dated January 21, 2010 issued by Justice Daniel Musinga states that “it is hereby ordered by consent that the parking fees for private cars at the Central Business District (CBD) be revised downwards from the gazetted Sh300 to Sh250.”
And it adds that “for avoidance of doubt, this consent does not affect J.R. No. 323 of 2010.”
“This order is very clear, it states that it does not affect the case filed by Mr Kinyanjui for his clients, therefore all the comments he is making are misleading and he risks being cited for contempt,” Mr Ogeto warned.
He was reacting to comments made by Mr Kinyanjui who claimed on Saturday that his case was still pending in court and therefore “the any attempt by the council to levy any new parking fees will amount to contempt of court."
But Mr Ogeto who is representing the council in the matter insists the order will be implemented because the council has agreed with the motorist who went to court to scale down the amount from Sh 300 to Sh250 beginning Monday.
“I have advised the council that the order we obtained on Friday is a legal one and cannot, in any way, be cited for contempt of any pending case. The council will be implementing the order beginning tomorrow,” Mr Ogeto said.
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