Despite Sonko’s U-turn on banning public service vehicles from accessing the Nairobi city centre, the High Court has gone ahead and suspended the Matatu CBD ban.
Lady Justice Wilfida Okwany on Tuesday noted that the ban which took effect on Monday caused a great inconvenience to the public and dented the economy.
The Judge further explained that it is not clear how long the decision by Sonko to lift the ban will last and, therefore, it was necessary to issue the orders.
The orders will stay in force until December 11 when the matter will be mentioned.
This comes after businessman Paul Kobia filed a case arguing that the decision to ban matatus from the CBD is “capricious, oppressive, irrational, unreasonable, illegal, unjustified, and unconstitutional and against the rules of natural justice.”
Through lawyer Henry Kurauka, Kobia wants Sonko’s administration to comply with Articles 10, 35, 40 and 46 of the constitution that allows public participation, transparency, information, accountability, equity, among others in making critical decision affect citizens.
He also wants Mike Sonko to issue reasonable and adequate notice to the commuters prior to the implementation of the Matatu CBD ban.
The county boss and matatu operators have since agreed to allow three matatus per sacco into the city center following a closed-door meeting on Tuesday morning, hours after Sonko had suspended the ban.