, NAIROBI, Kenya, Jun 24 – The High Court has given the Attorney General and Treasury Cabinet Secretary 10 days to respond to a petition filed by Nairobi Governor Mike Sonko and 6 others challenging the new requirement for Boda Boda operators to acquire mandatory insurance.
Justice Weldon Korir, said that the petition raises serious issues, which must be addressed and responded to by parties to allow the matter to be heard on Tuesday inter parties.
The Nairobi Governor filed the suit alongside Gatundu South MP Moses Kuria, his EALA counterpart Simon Mbugua, politicians Kalembe Ndile, Reuben Ndolo, Stanley Livondo and Kevin Mubadi.
Justice James Makau who heard the petition last week directed them to file and serve the application to Treasury CS Henry Rotich and Attorney General Kihara Kariuki who they have named as respondents.
The petitioners want the court to restrain the Treasury CS from implementing the proposal in his 2019/20 financial budget arguing that the implementation of the proposal will lead to massive unemployment and huge loses in the country.
They further contend that the said proposals were not shared with members of the public for comment before they were introduced.
While reading the budget, Rotich indicated that all Boda Boda and Tuk Tuk operators will be required to obtain Third Party insurance to cover passengers and pedestrians in the event of an accident.
Rotich had indicated that the proposal would be effected by amending the provisions of the Insurance Act.
The petitioners however, claim that the CS ought to have consulted with the Attorney General before making the proposal in order to receive correct and responsible advice and ensure the proposed amendments do not contravene the Constitution.
In an affidavit, Sonko claims that the operators will find themselves in a position where they are required to pay excessive and obstructive fees in the form of Third-party insurance without being given any opportunity to debate or discuss the approval.
The governor further argued that the constitution obligates Parliament to formulate legislation to manage urban areas and cities and the legislation must provide for the participation of remedies in the governance of urban areas and cities.