, NAIROBI, Kenya, Jun 17 –Nairobi Governor Mike Mbuvi Sonko and six others on Monday filed a suit at the High Court challenging a proposal by the National Treasury seeking to have boda boda operators acquire insurance covers for their passengers.
The other petitioners seeking to restrain orders against the National Treasury are Gatundu South MP Moses Kuria, EALA MP Simon Mbugua and politicians Kalembe Ndile, Reuben Ndolo, Stanley Livondo and Kevin Mubadi.
Justice James Makau directed them to file and serve the application to Treasury Cabinet Secretary Henry Rotich and the Attorney General Kihara Kariuki who are named as respondents.
He further directed the parties to appear in court next Monday for directions.
The petitioners want the court to restrain the Treasury CS from implementing the proposal in contained his 2019/20 financial year budget arguing that the implementation of the proposal will lead to massive unemployment and huge loses for boda boda riders.
They further argued that the said the proposals were not shared with stakeholders for public participation.
Rotich, while reading the budget last Thursday indicated that all boda boda operators will be required to obtain third party insurance covers in order to cover their 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 sound responsible advice and ensure the proposed amendments are in harmony with the law.
Sonko claims in an affidavit that boda boda operators will now find themselves in position where they are required to pay excessive and obstructive fees in the form of third party insurance.
According to the governor, the amendments and regulations which will introduce third party insurance were not shared with members of the public for comment before being introduced.
“The proposal that boda boda operators obtain insurance cover for passengers and pedestrians which was made during the reading of the budget deals with issues of public finance. It follows that there ought to have been sufficient public participation on every issue it intended to introduce,” Sonko states in his affidavit.