KISUMU, Kenya, Feb 20 — The High Court in Kisumu has suspended the planned relocation of Public Service Vehicles (PSVs) from the city’s Bus Park pending further orders.
Justice Samson Okong’o suspended the directive assigned PSVs a new bus park in Mowlem following an urgent case by the city’s Matatu Owners Association (MOA).
Justice Okong’o said the directive will remain in force until March 20 when the case will come up for hearing.
Advocate Aggrey Mwamu told the court the relocation directive by Governor Anyang Nyong’o’s administration failed the public participation requirement.
“The public participation we are talking about here is not about coming to the people to listen to your ideas but rather taking their opinions into consideration,” he said.
The plaintiff sued the Kisumu County Government and the City Manager, Abala Wanga.
Mwamu said the county failed to provide a report on the National Environmental Management Authority (NEMA).
He cited the location of Early Childhood Educational Centers (ECDEs), primary schools, and a polytechnic among reasons making the location unideal.
“We have not seen a NEMA report detailing how the institutions will deal with noise emanating from the bus park,” he said.
The lawyer further noted that the county government failed to produce, under the occupation and safety act, what is in place to protect motorists from health hazards.
“How safe is the place, what is the health status, how many toilets do we have and what about the garbage means, we don’t have that report,” he said.
The injunction issued on Tuesday prohibits the county government from forcing motorists to move to the new bus park along the Kisumu Nairobi highway.
Charles Obuya, the first petitioner, said MOA’s attempts for dialogue with the county government have failed.
Obuya said the court was the only option remaining and expressed satisfaction with the interim outcome.
“The 30 days given to us is very sufficient, we want things to be done in a structured way, not just waking up and telling us to move to a new location,” he said.
The court directive came a week after the county government commissioned the new bus park but the motorists failed to move.
Motorists expected to move to the new bus park include those plying Kisumu-Kericho, Kisumu-Kisii, and Kisumu Homa Bay-Migori routes.
